The IPKat

NOVEMBER 30, 2023

The GUIs at issue in THJ What does originality in copyright law mean? Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). This is an evergreen – yet still vexed – question.

Copyright Law 97

Copyright Law Copyright Law Copying 97

LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. 17, 2023) (emphasis added). ” 80 Fed. .”

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Kluwer Copyright Blog

APRIL 18, 2024

There is such a provision in current Article 10, mandating prohibitions of signal piracy in any regulatory framework. But Articles 6-9 promote exclusive rights. 3] The current chair’s draft contains a national treatment clause (article 5.2) See Love 2023. See Hugenholtz 2023 Delete Article 6.

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Public Domain Contracts Copyright Licensing 64

The IPKat

FEBRUARY 20, 2023

The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica Italiana (Italian Music Festival) , is one of the most followed and watched TV shows in Italy that takes place each February. Consequently, according to Law 22.04.1941 No.

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Art Music Artwork Social Media 98

Kluwer Copyright Blog

FEBRUARY 2, 2024

The disputed image On November 27, 2023, the Beijing Internet Court (BIC) ruled in an infringement lawsuit ( Li v. After publishing the disputed image on a Chinese social media platform (Xiaohongshu), Plaintiff discovered that Defendant had used the same image to illustrate an article on a different website without permission.

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Copyright Copyright Law Social Media Registration 135

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). This article is divided into two parts. I. Copyright protection 1.

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The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders. Here is what you missed last week on the IPKat.

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The IPKat

AUGUST 27, 2023

As explained by ERA: After the successful start of a first course in December 2022, ERA, as a renowned provider of professional training in EU law, and Maastricht University, as an international university of excellence, will offer a second high-standard course giving patent attorneys the best tools to litigate before the UPC.

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The IPKat

MAY 7, 2024

Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? In 2015, the European Commission itself called unification of copyright laws “ a long-term target ”. The short answer is: yes.

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Copyright Law Copyright Law Intellectual Property 121

Velocity of Content

JANUARY 9, 2024

In a 2023 report published by EndPoints News , it is suggested that for 2022, an estimated 70% of US FDA approvals for new treatments originated in small companies when compared to 66% in 2021. In When an article is purchased for download, it is typically only authorized for the use of the individual user who purchased it.

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Copyright Journalism Licensing Copyright Infringement 98

Kluwer Copyright Blog

SEPTEMBER 24, 2023

The Greek legislator, while implementing the CRM Directive , included in the Copyright Law an interesting (and unexpected) provision (Article 22 (2) Law 2121/1993) according to which certain public libraries (mostly academic and school libraries) were exempted of the exclusive public lending right.

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The IPKat

FEBRUARY 3, 2023

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. 1107/2023 involving RAI - Radiotelevisione Italiana. Creativity under Article 1 of Law No. Here are the main points of the decision.

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TorrentFreak

NOVEMBER 13, 2023

Yet despite reported progress, including an overhaul of Vietnam’s copyright laws and promises to crack down on piracy, including the formation of a specialist anti-piracy unit , nothing has had any visible effect. As of October 2023, the number of pay TV subscribers in Vietnam reached 18.7 million, an increase of 12.3%

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Television Cinema Reporting Government 87

The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. online platforms] referred to in Article XI.228/10.

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Music Copyright Art Copyright Law 78

The IPKat

JULY 14, 2022

The always-busy Katfriends at the Academy of European Law (ERA) in Trier have thus informed The IPKat that they are launching – in collaboration with Maastricht University – a new European Patent Litigation Certificate (EPLC) , which will run in person (in Trier) and online between September 2022 and July 2023.

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Litigation Patent Copyright Law Designs 76

SpicyIP

AUGUST 27, 2021

The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademark law. Further, the application of a publicity right requires checks and balances which is explained through exceptions derived from copyright law.

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The IPKat

DECEMBER 4, 2023

To this it should be added that, under the traditional Italian approach, designs would be only protectable by copyright provided that they possess ‘artistic value’: in turn, that artistic value that is needed for copyright protection to arise is the same thing that confers substantial value to the goods.

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Designs Design Copyright Registration 134

Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. IV. Copyright contract law (Sections 31 et seqq.

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Law Copyright Law Copyright Contracts 64

The IPKat

JANUARY 15, 2023

Events 19 January 2023: “Vintage Brands and the New Bad Faith Conundrum” Fide Foundation and TIPSA (Transatlantic Intellectual Property Academy) will hold the 24 Global Digital Encounters on 19 January 2023. 26 January 2023: “Who owns your ink? More information and registration are available here and here. More information here.

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IP Watchdog

AUGUST 13, 2023

The past year has provided decades' worth of developments across law and policy in the areas of artificial intelligence (AI) and machine learning (ML) technologies. If 2022 was the breakthrough year for accessible AI, then 2023 can so far be deemed as the first year of likely many more to come in the era of an AI inquisition.

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Copyright Infringement Copyright Law Litigation Copyright 98

TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. When scientific papers and academic articles enter the equation, the ground suddenly starts to shift. The agreements pertain to the publication of books; Elbakyan is accused of distributing articles.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Art Artwork Intellectual Property Copyright Law 52

The IPKat

OCTOBER 16, 2023

Among other things, on 12 September 2023, French MPs tabled a bill " aimed at providing a copyright framework for artificial intelligence ". Analysis An IA generated Kat in the style of Van Gogh Preamble of the draft law The draft law begins with an explanation of the reasons for its creation.

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Copyright Law Intellectual Property Ownership 82

TorrentFreak

MAY 9, 2024

After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. The full list of sites targeted, their domains and IP addresses, can be found at the end of this article.

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IP Reporting Branding Brands 95

TorrentFreak

MARCH 9, 2023

However, when the new EU Copyright Directive passed a few years ago, dark clouds started to form. Article 17 of the Copyright Directive requires online services to license content from copyright holders. Hellspy stressed that wasn’t happy with these changes but it respected the law.

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Copyright Law Television Copyright Law 109

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. Almost all EU member states have implementesd the Directive into their national laws.

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Copyright Law Law Copyright Publishing 60

TorrentFreak

MAY 6, 2024

In Kakao’s latest report covering June to December 2023 ( pdf ) , the company said its anti-piracy team had removed over 7.4 million pieces of pirated content and over 201 million links to pirated content. Source: P.CoK Anti-Piracy Whitepaper Vol.4 Source: P.CoK Anti-Piracy Whitepaper Vol.4

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Reporting Social Media Publishing Editing 97

Kluwer Copyright Blog

FEBRUARY 20, 2024

This “explicit clarification” can be found in the text of the proposed implementation for both articles 3 and 4 of the CDSM directive. In addition, the AI act also contains a recital (60i) that explains the interaction between the training of generative Ai systems and the exceptions contained in article 3 & 4 of the copyright directive.

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Copyright Law Copyright Law Government 143

The IPKat

OCTOBER 6, 2023

Copyright Eleonora Rosati discussed the Valve Corporation, T-172-21, judgment issued by the General Court on the applicability of Article 101 TFEU in the copyright context. Trade marks Alessandro Cerri analysed the recent EUIPO decision, R 275/2023-4, in relation to trade mark protection in virtual worlds.

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Patent Application Copyright Copyright Law IP 67

TorrentFreak

JANUARY 4, 2024

“We deliberately violate the copyright law in most countries. On December 4, 2023, the Italian Publishers Association (AIE) filed a copyright complaint against Anna’s Archive. Unauthorized reproductions of works belonging to Italian publishers number several thousand,” the complaint reads.

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TorrentFreak

MAY 12, 2023

After spending more than 16 years implementing intellectual property laws introduced in 2005, amendments to intellectual property law in Vietnam came into effect on January 1, 2023. The Vietnam Copyright Decree (Decree No. Issued by the government in late April, Decree No.

Intellectual Property Law 121

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 121

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. Copyright as Protected Possessions Article 1 of Protocol 1 protects “the right to peaceful enjoyment of possession”.

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Copyright Copying Copyright Law Publishing 91

Patently-O

APRIL 18, 2024

.” After requests for reconsideration were denied, Thaler filed suit against the Copyright Office in June 2022, arguing that “requiring human authorship for registration of copyright in a work is contrary to law.” But, this causation element is not developed in either the code or the case law.

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Copyright Law Copyright Registration Inventor 62

The IP Law Blog

JANUARY 27, 2023

Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog. Read Scott’s article about IP asset reviews on the IP Law Blog here. The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets.

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Blogging IP Law Intellectual Property 52

The IPKat

FEBRUARY 3, 2023

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness.

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Patently-O

NOVEMBER 21, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School USPTO Notice, 88 FR 80277 (Nov. In it, the USPTO reaffirmed its prior interpretation of the phrase “design for an article of manufacture” and did not—as many had hoped—expand its interpretation of that phrase. . § 11380, 11381 (footnotes omitted).

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Design Patent Designs Design Patent Application 57

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No.

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