2022 Copyright Infringement Marketing Related Rights 
Technology & Marketing Law Blog
JANUARY 3, 2023
” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. .'” 2022 WL 16555584 (S.D.N.Y. Grande Communications Networks LLC (November 3, 2022). 2022 WL 17430309 (9th Cir.
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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Kluwer Copyright Blog
JANUARY 9, 2023
have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .
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”).
The IPKat
MAY 31, 2022
In two judgments (Basmati, T-342/20 - which we reported on some time ago - and APE TEES, T-281/21), the General Court found that they are relevant (the cases were decided in October 2021 and March 2022, respectively).
Kluwer Copyright Blog
DECEMBER 26, 2021
This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).
Kluwer Copyright Blog
MARCH 21, 2023
The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. As a result, the impossibility to disseminate valuable cultural heritage remained.
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