Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

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TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. Riot Games Uses Copyright Law to Unmask Uploader.

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TorrentFreak

JANUARY 10, 2023

An interesting feature of copyright law is its tendency to lag behind the times while new technology races ahead and exploits its numerous ‘loopholes’ One of the most famous loopholes was ‘exposed’ when streaming overtook BitTorrent to become the delivery method of choice for millions of video-oriented pirates.

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Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. The Safarov case In 2009, Safarov authors a book. The exhaustion doctrine was conceived with physically sold hardcopies in mind.

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Technology & Marketing Law Blog

JULY 4, 2022

Pyrotechnics registered a copyright in its protocol and sued FireTek for copyright infringement. ” Pyrotechnics’ copyright registration then starts to fall apart. .” ” Pyrotechnics’ copyright registration then starts to fall apart. Implications.

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TorrentFreak

JANUARY 4, 2024

In 2022, a platform called Pirate Library Mirror appeared on the scene, courting controversy right from the start after obtaining a full copy of Z-Library before the site’s legal troubles began. “We deliberately violate the copyright law in most countries. million books and 99.4 million papers for download.

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Technology & Marketing Law Blog

MAY 13, 2024

— For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Kluwer Copyright Blog

JULY 27, 2022

Source: European Copyright Society. Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Preservation of Cultural Heritage (Article 6). All ECS opinions are archived here: [link].

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Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. March 21, 2022). Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions.

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The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. According to the Italian Supreme Court, not as far as allowing one to reproduce a work in its entirety.

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IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

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TorrentFreak

APRIL 7, 2024

One of the services on offer is WebScan, which allows copyright holders to search for pre-indexed content on 12 large video sharing platforms: Aparat, CDA, Chomikuj, Dailymotion, FC2, Mail.ru, OK, Rumble, Videa.hu, Vimeo, VK, and Webshare. Several of these services have been listed in the USTR’s overview of notorious piracy markets.

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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Technology & Marketing Law Blog

NOVEMBER 30, 2022

According to Defendants’ policies, Defendants reserve the right “to remove or block access to, either permanently or temporarily, any files which [Defendants] suspect[ ] or which a third party alleges are associated with a violation of the law[.]”. RCN Telecom Services, LLC , 2022 WL 6750322 (D.N.J. 2022 WL 7560395 (D.

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Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

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LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

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IPilogue

DECEMBER 9, 2022

Govind Kumar Chaturvedi is an IPilogue Writer and an LLM graduate from Osgoode Hall Law School. On 30 September 2022, the much-awaited jury verdict for Alexander v Take Two Interactive Software Inc. & The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo.

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Technology & Marketing Law Blog

FEBRUARY 17, 2022

According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it. These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. The post Apple Defeats Copyright Lawsuit Over Emoji Depictions–Cub Club v. Apple, Inc.

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Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Market Effect. May 31, 2022).

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TorrentFreak

FEBRUARY 6, 2023

For the past several years, Chinese-manufactured Ubox IPTV boxes have flooded the market in Taiwan. Taiwan made amendments to copyright law that outlawed piracy-configured devices. Unsurprisingly, that did little to stop the flow or prevent China-based manufacturer Unblock Tech carrying on regardless. Government. government.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

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IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. Background The case between De Fontbrune and Alan Wofsy regarding photographs of Picasso’s paintings dates to 1991.

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Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

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Velocity of Content

JUNE 8, 2023

The top 15 pharmaceutical companies invested $138 billion in R&D in 2022 – an increase of 43% since 2017 as reported by IQVIA. Meanwhile, in China, R&D spending hit a record $456 billion in 2022, a 10.4% For example, Tesla’s R&D expenses increased by 19% between 2021 and 2022. increase from 2021.

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Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

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Kluwer Copyright Blog

NOVEMBER 28, 2022

The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. Remuneration of authors under French copyright law before the 2021 Order. In a judgment of 16 May 1969, the High Court of First Instance of Paris ruled that 2.5% and certain specific rules.

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The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This exception provides copyright will not be infringed by the making of a: 1. temporary copy which is; 2.

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Kluwer Copyright Blog

MARCH 13, 2024

A hierarchy between rights and exceptions would be contrary to national and regional constitutional orders, in particular to the imperatives of fundamental rights ( Geiger & Jütte, 2022 ). From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). 7(1) and art. 17(7) CDSM Directive.

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IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986). 379 (2022).

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Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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SpicyIP

APRIL 16, 2022

Thus, the allegation that “ UGC copied draft … ” raises a serious question not only about its moral authority but also about what the UGC aims and claims to do with respect to academic practices. liability, if any, under copyright law, 2.) liability, if any, under any other law or regulation. (??UGC’s

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Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022.

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Technology & Marketing Law Blog

MARCH 29, 2023

Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. Flores sent a DMCA 512(g) counter-notice on June 27, 2022, and filed with the CCB the next day. The respondent did not opt out and the opt out period ended on October 24, 2022.

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Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. Deterrent to Infringement – A copyright registration could act as a deterrent against potential infringement.

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