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 73

Copyright Law Law Copyright Reporting 73

Kluwer Copyright Blog

MAY 13, 2024

In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2)

Copyright 75

Copyright Copying Law Editing 75

Kluwer Copyright Blog

SEPTEMBER 19, 2023

In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case is twofold: the scope of application of the private copy exception, on the one hand, and that of the right of communication to the public, on the other.

Copyright Law 130

Copyright Law Copying Copyright Law 130

SpicyIP

JULY 31, 2023

Image from here Yesterday, July 31, the Lok Sabha passed the Cinematograph (Amendment) Bill, 2023 , which was earlier passed by the Rajya Sabha on July 27, 2023. Furthermore, the 2023 bill enables aggrieved individuals to pursue action under Section 51 of the Copyright Act 1957 for copyright infringement.

Copying 96

Copying Copyright Television Copyright Infringement 96

IP and Legal Filings

JANUARY 16, 2024

The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

Copyright 83

Copyright Fair Use Public Domain Copying 83

The IPKat

MAY 12, 2023

The IPKat has received and is pleased to host the following guest contribution by former InternKat James Kwong (Norton Rose Fulbright) on the recent Hong Kong copyright reform, which entered into force a few days ago. Can you find the Kat?

Copyright 87

Copyright Technology Copyright Infringement Music 87

The IPKat

DECEMBER 15, 2023

This post is the third and final instalment in the “Africa IP Highlights 2023" series of posts highlighting some of the key developments in IP in Africa in 2023. The first 2 posts covered copyright and trade marks. This post is about reforms in IP policy, legislation and administration.

IP 83

IP Intellectual Property Copyright Music 83

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94

Copying False Advertising Social Media Advertising 94

The IPKat

AUGUST 30, 2023

Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. As such, the case proceeded to trial in April 2023 in a US Federal Court in Manhattan. These cases have been on-going for approximately 35 cat-years or five human years.

Copyright Infringement 110

Copyright Infringement Music Copyright Copying 110

TorrentFreak

SEPTEMBER 15, 2023

Majors Publishers File Copyright Complaint Against Libgen According to a copyright lawsuit filed in the U.S. “This collection consists of over 6 million files that include illegal copies of works from a diverse cross-section of the publishing industry. “[T]he Sites undermine the very purpose of U.S.

Copyright Infringement 123

Copyright Infringement Publishing Copyright Copying 123

IPilogue

MARCH 23, 2023

Professors Giuseppina D’Agostino and David Vaver are seeking JD Research Assistants to assist in intellectual property law research during the 2023 summer term, with a particular emphasis on copyright, with an early May start date. Term May-August 2023, with a possibility of continuing on for the academic year.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Copying Law 81

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 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v. Finally, we have Green v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

The IPKat

DECEMBER 28, 2023

Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below.

Social Media 57

Social Media Intellectual Property Intellectual Property Law Related Rights 57

43(B)log

MAY 9, 2023

May 8, 2023) The Eleventh Circuit affirmed the core finding that Corellium’s copying of iOS for security research purposes was fair use, but vacated and remanded for further analysis of contributory infringement claims and claims related to the use of the icons, giving Apple another bite at, etc. Corellium, Inc. , 21-12835 (11th Cir.

Copying 98

Copying Fair Use Copyright 98

43(B)log

NOVEMBER 27, 2023

Hall, 2023 WL 8103156, No. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters. Design Gaps, Inc. 3:23-cv-186-MOC (W.D.N.C.

Copying 59

Copying False Advertising Designs Design 59

TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” When he copied and then rebroadcast the news report, that was copyright infringement. Acuff-Rose Music, Inc.

Copyright 115

Copyright Derivative Work Fair Use Reporting 115

The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid. In JBrick, LLC v.

Public Domain 113

Public Domain Copyright Copying Registration 113

Technology & Marketing Law Blog

DECEMBER 27, 2023

Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. Our strong presumption flows from copyright law’s asymmetric recoveries. March 29, 2023).

IP 72

IP Advertising Advertising Copyright 72

Technology & Marketing Law Blog

NOVEMBER 21, 2023

This is another preliminary ruling in the copyright battle over generative AI. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’ overclaims. The post Facebook’s LLaMa Defeats Copyright Claims–Kadrey v. The complaint.

Derivative Work 101

Derivative Work Copyright Copyright Law Copying 101

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 The copyright holder can enforce its rights through an infringement claim if uses are made without obtaining the appropriate permissions.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

Dear Rich IP Blog

SEPTEMBER 26, 2023

Dear Rich: Does putting "Copyright 2023" at the bottom of page pages protect it from site visitors who download an image or narrative content? Placing a copyright notice on your website is like sticking a "Keep off the grass" sign on your front lawn. Gather evidence of copying. Some who copy may have fair use defenses.

Copyright Notice 59

Copyright Notice Copyright Cease and Desist Copying 59

JD Supra Law

JUNE 6, 2023

The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. Goldsmith holds that the defense does not apply to commercial copying of an original work if the copy serves the same or highly similar purpose as the original. By: Benesch

Fair Use 55

Fair Use Copyright Copying Copyright Infringement 55

Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Copying-in-Fact. ” Independently (?)

Copyright 90

Copyright Artwork Copying Social Media 90

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. The Copyright Office’s inquiry is an attempt to respond to AI’s rapidly growing impact on creative industries.

Copyright 120

Copyright Copying Derivative Work Licensing 120

The IPKat

NOVEMBER 23, 2023

This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The work depicts three horses in a circular half-shell, one of which is arched.

Copyright Infringement 120

Copyright Infringement Copyright Moral Rights Intellectual Property 120

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted.

Copying 97

Copying IP Copyright Law Designs 97

JD Supra Law

NOVEMBER 13, 2023

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence, a legal-research artificial intelligence (AI) startup. By: Farella Braun + Martel LLP

Fair Use 70

Fair Use Copyright Copying Law 70

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

Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? “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 appellate court revives the claim.

Copyright Law 94

Copyright Law Copyright Law Copyright Infringement 94

Velocity of Content

MARCH 1, 2023

s Information Seeking and Consumption Study, commissioned by CCC, is that executives share the most content and have the highest likelihood of copyright infringement. The 2023 overall study results show that 33% of employees prefer collaboration tools to share information and close to 41% prefer email. Is awareness enough?

Copyright 98

Copyright Reporting Copyright Infringement Copying 98

LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.

Copying 52

Copying Social Media Designs Design 52

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. The concept of “embedding” content is not a new phenomenon.

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

Kluwer Copyright Blog

JULY 19, 2023

It is not the first time that the French courts have ruled that fonts may be protected by copyright (e.g. But let’s get back to the facts of this case, in which the Paris Court, in its judgment of 31 March 2023 , did rule that the font is original. But the court ruled that the font had not been copied Article L.122-4

Copying 52

Copying Copyright Infringement Copyright Law Copyright 52

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. He sues for copyright infringement and claims damages. The Safarov case In 2009, Safarov authors a book.

Copyright 91

Copyright Copying Copyright Law Publishing 91

SpicyIP

FEBRUARY 7, 2024

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? The brand’s popularity has been equally accompanied by a rather notable history of involvement in copyright litigations (discussed here , here , here , and here ). image below).

Copying 64

Copying Trademark Branding Brands 64

Biswajit Sarkar Copyright Blog

SEPTEMBER 13, 2023

This time around he was accused of copying Marvin Gaye and Ed Townsend’s hit song “Let’s Get It On”. This case has been continuing for around five years now and was taken to trial in April 2023 in New York. However, in 2022, the Sheeran found himself engaged in another copyright infringement litigation over the said song.

Copyright Infringement 80

Copyright Infringement Copyright Plagiarism Music 80