Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. With Bulgaria implementing the directive towards the end of 2023, Poland is the last Member State missing.

Copyright Law 72

Copyright Law Law Copyright Reporting 72

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JULY 24, 2023

Silverman, Kadrey, and Golden allege that Meta and OpenAI used copies of the authors’ books without their permission by copying illegal online “shadow libraries” that contain the texts of thousands of books. Google’s commercial nature and profit motivation do not justify denial of fair use.”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Hsuanyeh Law Group v.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. They develop, market and sell statistical process control (SPC) software and gauge management software.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

TorrentFreak

MAY 13, 2023

The major threat in today’s market has been growing for many years, mainly because it’s so quick and easy. It is now the most prevalent form of online music copyright infringement. But does wordplay stop people from ripping billions of tracks from YouTube and copying them to their machines?

Music 134

Music Branding Brands Branding 134

Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. and others v.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement.

Copyright Law 95

Copyright Law Copyright Law Copyright Infringement 95

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Technology & Marketing Law Blog

JUNE 27, 2023

The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Copying-in-Fact. No Wrongful Copying To determine wrongful copying, the court uses the abstraction-filtration-comparison test. A Personal View The High Tech Law Institute has a special affinity for bananas copyright law.

Copyright 91

Copyright Artwork Copying Social Media 91

TorrentFreak

DECEMBER 15, 2023

“For example, Defendants Rays IPTV LLC and Daud market the Infringing Service to the public by promising ‘No More Expensive Cable Bills,’ and targeting consumers ‘tired of paying too many bills for too little channels.’” a company doing business at an address in Jackson Heights, New York. .

Cease and Desist 84

Cease and Desist Copyright Infringement Branding Brands 84

Velocity of Content

MARCH 1, 2023

From research to medical communications to legal to marketing, sharing content with colleagues across job roles and departments is critical. s Information Seeking and Consumption Study, commissioned by CCC, is that executives share the most content and have the highest likelihood of copyright infringement.

Copyright 98

Copyright Reporting Copyright Infringement Copying 98

Kluwer Copyright Blog

NOVEMBER 16, 2023

But last year, one supranational interference with copyright law surprisingly did not come from Luxemburg, but from Strasbourg: the judgment in Safarov v Azerbaijan. He sues for copyright infringement and claims damages. The Safarov case In 2009, Safarov authors a book. An NGO makes his entire work available for download.

Copyright 91

Copyright Copying Copyright Law Marketing 91

TorrentFreak

FEBRUARY 28, 2024

In all cases, whether on physical cartridges or supplied as digital downloads, Switch games contain security measures designed to prevent copying or being run on unauthorized devices. Nintendo says 100% of the copies available were necessarily pirated copies and every user who obtained a copy did so without paying for the game.

Copying 103

Copying Technology Designs Design 103

Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. Notwithstanding this framework, not every use of a work during the term of copyright is restricted.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

The IP Law Blog

AUGUST 17, 2023

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v.

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

TorrentFreak

APRIL 5, 2024

Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions. Guilty Verdict In an October 2023 announcement, Rights Alliance revealed that the man had been found guilty.

Reporting 96

Reporting Marketing Marketing Copying 96

TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. TVkaista said that since its service was similar to a VCR or a DVR, that would be legal under Finnish law since private copying is permitted for personal use.

Copyright Infringement 92

Copyright Infringement Copyright Fair Use Licensing 92

TorrentFreak

MAY 1, 2024

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time.

Law 95

Law Copyright Infringement Copyright Copyright Law 95

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.

Copyright 236

Copyright Non-Fungible Tokens Technology Plagiarism 236

Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

SpicyIP

JUNE 26, 2023

Swaraj announced the new initiative to discuss the history of IP law on the blog and kickstarted this with informative posts from Shivam Kaushik on Indian copyright history and its entanglement with Berne Convention. Year 1958 and Government’s “Nadir-shahi Firman” Over Copyright Infringement! Bhagga And Ors. Sankar and Ors.

Copyright Infringement 98

Copyright Infringement Copyright IP Trademark 98

TorrentFreak

NOVEMBER 15, 2022

Russia began cracking down on VPNs in 2017 to help deter copyright infringement. “This is an obvious trade barrier and real threat to the free market,” ACT writes in its letter to the USTR. Unlike in Russia, China’s anti-VPN stance has little to do with copyright infringement. ” China Too.

Government 121

Government Privacy Copyright Infringement Confidentiality 121

TorrentFreak

JANUARY 5, 2024

On January 1, 2024, TorrentFreak published a review of the wrongful DMCA notices filed against us in 2023, either directly via email or at Google demanding deindexing of our articles. Our small request for 2024 was not unreasonable: stop sending us bogus copyright notices. domain, but the repo was reported for infringement nonetheless.

Publishing 92

Publishing Copyright Infringement Reporting Copyright 92

LexBlog IP

FEBRUARY 26, 2024

But if you have not taken that route for one reason or another and you encounter highly similar products on the market, there are other ways to protect your products through IP. Unfair competition may protect your fashion items against copying in two scenarios. Last but not least, fashion items might be protected by copyright.

IP 52

IP Designs Design Copying 52

Velocity of Content

APRIL 12, 2023

The ease with which teams can access and share information, such as news, feature articles, research reports, and more, can influence the pace at which organizations and their teams drive innovation and deliver products and services to the market. 1] so important to note? 1] so important to note? In one word – risk.

Publishing 98

Publishing Reporting Copyright Infringement Copying 98

TorrentFreak

FEBRUARY 27, 2023

The company’s Action Replay range battled against Codemasters’ Game Genie, with the latter eventually backing out of the market. Gaming giant sony responded with a copyright infringement lawsuit targeting two companies and a director connected to the Datel products. Does a revision exist within the meaning of Art.

Copyright 125

Copyright Copying Art Copyright Infringement 125

BYU Copyright Blog

JANUARY 8, 2024

Springdale Public Schools On May 1 st , 2023, the CLO Blog made a post regarding a case in which an Arkansas school district (Springdale) faced allegations from a company (Marenem) regarding unauthorized use and distribution of proprietary materials. On May 23, 2023, Springdale responded to Marenems allegations by submitting an answer.

Settlement 40

Settlement Publishing Copyright Copyright Infringement 40

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] Definition from TechTarget , [link] (last visited Oct27, 2023). 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

TorrentFreak

APRIL 27, 2023

When the USTR published its list of ‘notorious markets’ in 2019, Vietnam had other problems on its hands. We’re in no position to confirm that but the traffic it receives is certainly worth recording for posterity; in January 2023 alone the site received over 206 million visits.

Reporting 125

Reporting Branding Brands Branding 125

TorrentFreak

MARCH 4, 2024

LibGen Hoping for a better outcome, textbook publishers Cengage, Bedford, Macmillan Learning, McGraw Hill, and Pearson Education filed a similar copyright infringement lawsuit against LibGen last year. According to the plaintiffs, LibGen is responsible for “staggering” levels of copyright infringement.

Publishing 98

Publishing Social Media Copyright Infringement Copyright 98

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 110-111).

Fair Use 136

Fair Use Privacy Copyright Technology 136

Copyright Lately

APRIL 3, 2023

book publishers, rejecting the Internet Archive’s argument that its practice of scanning and lending digital copies of books qualifies as fair use under the Copyright Act. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

Fair Use 71

Fair Use Copying Publishing Copyright 71

Copyright Lately

JUNE 15, 2023

Bad Bunny is hoping he’s hare today, gone tomorrow from a massive copyright infringement lawsuit that reads more like a list of nominees for the Latin Grammy Awards than a legal caption. Dem Bow is itself based on a drum beat the plaintiffs claim was first recorded in 1990 in the Steely & Clevie-produced “ Fish Market.”

Music 82

Music Marketing Marketing Copyright 82

LexBlog IP

MAY 19, 2023

The fair use doctrine (the basis of AWF’s copyright infringement defense) allows use of a copyrighted work by persons other than the author for “purposes such as criticism, comment, news reporting, teaching., scholarship, or research” [2] and is evaluated through multiple factors. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

AUGUST 17, 2023

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v.

Social Media 52

Social Media Copyright Copying Copyright Infringement 52