Kluwer Copyright Blog

SEPTEMBER 19, 2023

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. On the one side, it ruled out the inclusion of a specific type of copying systems in the scope of the private copy exception.

Copyright Law 130

Copyright Law Copying Copyright Law 130

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. The fact that the music industry has made virtually all of its content available at a fair price (or free) means that the ripping phenomenon cannot be attributed to the labels failing to read the market.

Music 132

Music Branding Brands Branding 132

43(B)log

JULY 19, 2023

4th -, 2023 WL 4504183, No. 13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts. 21-11758 (11th Cir.

Copying 40

Copying False Advertising Advertising Advertising 40

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. government. They come with important caveats, however. Officially nominated as Cuevana3.ch, news, cuevana3.pro,

Reporting 90

Reporting Marketing Marketing Social Media 90

Technology & Marketing Law Blog

JUNE 27, 2023

Copying-in-Fact. If a plaintiff can’t show mechanical copying through direct evidence, it can establish copying inferentially by showing that the defendant had access to the copyrighted work and that it’s improbable the works’ similarities were due to the defendant’s independent creation. VINDICATED!!!

Copyright 90

Copyright Artwork Copying Social Media 90

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. Winston & Strawn , 23-cv-11193 (S.D.N.Y. Cannon , 789 N.W.2d

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

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 100

Copying Technology Designs Design 100

Plagiarism Today

AUGUST 1, 2022

Finally today, Ad i Robertson at The Verge reports that Spice DAO (decentralized autonomous organization) has announced that it is abandoning much of its Dune -related plans and, instead, intends to sell its copy of the Dune bible and attempt to pay out holders of its $SPICE cryptocurrency.

Copying 176

Copying Publishing Plagiarism Reporting 176

Technology & Marketing Law Blog

NOVEMBER 21, 2023

Meta appeared first on Technology & Marketing Law Blog. Instead, “the plaintiffs would indeed need to allege and ultimately prove that the outputs ‘incorporate in some form a portion of’ the plaintiffs’ books.” Case Citation : Kadrey v. Meta Platforms, Inc. , 23-cv-03417-VC (N.D. The complaint.

Derivative Work 102

Derivative Work Copyright Copyright Law Copying 102

Kluwer Copyright Blog

NOVEMBER 16, 2023

Pursuant thereto, the copyright holder is no longer entitled to control the further distribution of a copy of their work after that copy had been put on the market with the rightholder’s consent. The exhaustion doctrine was conceived with physically sold hardcopies in mind. Some commentators have remarked (e.g.,

Copyright 91

Copyright Copying Copyright Law Marketing 91

TorrentFreak

SEPTEMBER 15, 2023

‘Library Genesis,’ or ‘Libgen’ for short, is a group of pirate websites through which a vast array of written material is illegally copied and distributed online without any authorization, and with no remuneration to copyright holders.” while runner-up India accounts for 7.9%. Copyright Infringement (17 U.S.C. §

Copyright Infringement 123

Copyright Infringement Publishing Copyright Copying 123

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 93

Reporting Marketing Marketing Copying 93

TorrentFreak

JANUARY 11, 2023

Unfinished works leaking out to the public can wreak havoc on everyone involved, from authors and publishers to interested parties in film and other secondary markets. When he solicited copies of unpublished books, novels and other content, targets believed they were speaking to someone in a position of trust. Bernadini Pleads Guilty.

Publishing 113

Publishing Copying Marketing Marketing 113

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. On December 4, 2023, the Italian Publishers Association (AIE) filed a copyright complaint against Anna’s Archive.

Publishing 117

Publishing Journalism Marketing Marketing 117

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. The 2023 overall study results show that 33% of employees prefer collaboration tools to share information and close to 41% prefer email. However, an intriguing insight from Outsell Inc.’s

Copyright 98

Copyright Reporting Copyright Infringement Copying 98

Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. Colibri Healthcare, LLC , 2023 WL 5493530 (E.D. Mark similarity.

Advertising 85

Advertising Advertising False Advertising Trademark 85

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 240

Copyright Non-Fungible Tokens Technology Plagiarism 240

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Somebody,” he explained, “created a copy of [his] book and put it in a Google Drive that is accessible on Kiwi Farms.” Moon , 2023 WL 6804866 (10th Cir. 16, 2023) The post Think Kiwi Farms Is Legally Unassailable?

Copyright Law 94

Copyright Law Copyright Law Copyright Infringement 94

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Barrett Financial Group, LLC , 2023 WL 7552330 (D. 14, 2023) BONUS: Some other 2023 Quick Links About 512 * Cook v. Adolly.com, 2023 WL 5672170 (D.

Fair Use 63

Fair Use Cease and Desist Copyright Ownership 63

TorrentFreak

OCTOBER 23, 2023

The Entertainment Software Association ( ESA ) has submitted its latest overview of “Notorious Markets” to the Office of the US Trade Representative (USTR). These submissions serve as input for the USTR’s yearly overview of piracy ‘markets’ which helps to shape the Government’s global copyright enforcement agenda going forward.

Advertising 116

Advertising Advertising Copying Marketing 116

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

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 82

Cease and Desist Copyright Infringement Branding Brands 82

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

Technology & Marketing Law Blog

NOVEMBER 6, 2023

Fortnite offers for purchase an emote called “ It’s Complicated ” that consists of 16 counts of choreography, of which Hanagami claims 4 counts are copied from his video. Epic Games , 2023 WL 7174242 (9th Cir. 1, 2023) Prior Blog Posts about Emotes Fortnite Emotes Don’t Infringe Dance Choreography–Hanagami v.

Copyright 76

Copyright Blogging Music Copying 76

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. One way is to take advantage of the European unregistered design.

IP 52

IP Designs Design Copying 52

The IP Law Blog

AUGUST 17, 2023

On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. This ultimately means that when a copy of an image is not stored on a computer’s servers but merely “embedded” onto a website, search engine, etc., the website displaying that copyrighted image cannot be held liable for infringement.

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

Technology & Marketing Law Blog

AUGUST 16, 2023

2023 WL 5211628 (N.D. 14, 2023) BONUS: More 512(f) quick links from this year: * Cinq Music Group, LLC v. 2023 WL 4157446 (C.D. 2023 WL 4201748 (W.D. June 27, 2023). July 27, 2023). Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Case Citation : Shande v. Powerwand Inc.

Ownership 62

Ownership Cease and Desist Fair Use Copyright 62

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.

Blogging 95

Blogging Copying Social Media Copyright 95

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

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. Case 1- Doe 1 v. GitHub Inc., v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Copyright Lately

JUNE 15, 2023

The Dem Bow Rhythm The lawsuit targets pretty much the entire reggaetón industry, claiming that nearly 1,700 songs infringe the copyright in a rhythm that has arguably become the backbone of reggaetón: Steely & Clevie’s “Fish Market”: the beat that started it all? copyright law. .”

Music 81

Music Marketing Marketing Copyright 81

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 91

Fair Use Licensing Copying Artwork 91

LexBlog IP

AUGUST 22, 2023

According to the petition, the ’992 patent claims “encompass a formulation comprising the VEGF inhibitor protein, aflibercept, which Regeneron markets under the trade name EYLEA®, and three excipients that are commonly used to stabilize proteins like aflibercept: polysorbate 20, phosphate buffer, and sucrose.”

Patent 52

Patent Copying Art Litigation 52

BYU Copyright Blog

MAY 1, 2023

On April 10, 2023, Marenem Inc. These illegal copies were made available (possibly to this day) to students and the general public through Springdale’s YouTube account. Marenem”) filed a Complaint against the Springdale School District (“Springdale”) for copyright infringement.Marenem, Inc.

Copying 40

Copying Intellectual Property Social Media Copyright 40

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Maritas, 2023 WL 2726030 (E.D. March 30, 2023) * * * BONUS 1: Edelmania Productions, LLC v. Jordan Service, 2023 WL 424238 (C.D.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

TorrentFreak

FEBRUARY 27, 2023

The company’s Action Replay range battled against Codemasters’ Game Genie, with the latter eventually backing out of the market. On February 23, 2023, the BGH said it had stayed proceedings in the appeal and referred key questions to the Court of Justice of the European Union for a preliminary ruling.

Copyright 122

Copyright Copying Art Copyright Infringement 122

The IPKat

AUGUST 20, 2023

There, it was presented as an original Koons artwork of which three copies exist. Insofar as the art market specifically is concerned, the decision is reassuring news for buyers, collectors and sellers alike when it comes to confirming (and maintaining) the authenticity and – with that – the value of artworks.

Artwork 94

Artwork Moral Rights Art Litigation 94