CoCal IP Law Institute

APRIL 11, 2024

Please join us Monday, April 15, 2024 at noon where we will discuss Federal Rule of Civil Procedure 68 (Rule 68) and the "open question" of whether post-offer attorney’s fees are part of the recoverable "costs" for a defendant, in particular, in copyright cases. I think defendants should be able to use the Rule 68 [.]

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Copyright Law Copyright Law Ownership 40

Kluwer Copyright Blog

MARCH 11, 2024

Photo by Rocco Dipoppa on Unsplash The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. Much IP law in the UK is derived from EU law – both implemented EU law and case law decided in view of EU law.

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Copyright Law Law Copyright Intellectual Property Law 60

IPilogue

MARCH 27, 2023

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring.

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Public Domain Copyright Law Copyright Registering Trademarks 105

JD Supra Law

FEBRUARY 1, 2024

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state law to control how the websites are displayed. 11, 2024) (Wallace, Thomas, Forrest, JJ.).

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Copyright Law Law Copyright Copying 77

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

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Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

JANUARY 23, 2024

While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different. A happy and successful new year to all!

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Copyright Infringement Copyright Law Journalism 124

IPilogue

MARCH 27, 2023

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring. The post Mickey Mouse to Enter Public Domain in 2024 appeared first on IPOsgoode.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

The IPKat

MARCH 16, 2024

Events 18-19 April 2024: AIPPI Trilateral Seminar The Polish, German and French Groups of AIPPI organise the traditional joint seminar on IP related issues. It will be hosted on 18 and 19 April 2024 in Warsaw. The conference takes place at the National Library of Sweden in Stockholm on 12 and 13 September 2024.

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Intellectual Property Law Intellectual Property Blogging Copyright Law 67

JD Supra Law

MARCH 15, 2024

Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York City. By: Kilpatrick

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Business IP Trademark Law Copyright Law 65

The IPKat

FEBRUARY 25, 2024

She will start a fellowship in March 2024 and be on leave from the IPKat until early 2025. Antonios Baris joins the team As of March 2024, Antonios will be joining the team as a book review editor. He is pursuing an LLM in European Intellectual Property Law at Stockholm University. Click here to register (until 22 April 2024).

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Intellectual Property Law Intellectual Property Art Law Journalism 62

Trademark and Copyright Law Blog

FEBRUARY 1, 2024

It is crucial to consider key takeaways from the most important IP cases in 2023 when planning for 2024. Foley Hoag presented a 60-minute webinar on Wednesday, January 24, 2024, offering guidance on what we learned last year and what to prepare for in the new year. Who said there’s no looking back?

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IP Copyright Law Trademark Copyright 40

Patently-O

MAY 9, 2024

By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. 2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 20, 2024). 20, 2024). Nealy , No. 22-1078, 601 U.S. Nealy , Patently-O (Feb.

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Copyright Music Due Diligence Copyright Infringement 89

Indiana Intellectual Property Law

JANUARY 12, 2024

On January 1, 2024, a significant shift in intellectual property rights occurred with the iconic American pop culture figure, Mickey Mouse, entering the public domain. This momentous occasion follows a prolonged journey shaped by numerous extensions and revisions of copyright laws.

Public Domain 52

Public Domain Intellectual Property Copyright Law Public Use 52

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

The IPKat

MARCH 10, 2024

AI Disrupting Law Online Symposium 2024, Chicago-Kent Law Review Online Symposium (26 April) At the Chicago-Kent Law Review’s Online Symposium on AI Disrupting Law, leading IP scholars from around the world will discuss some of the major challenges posed by AI. Antoon Quaedvlieg on 28 February 2024.

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Intellectual Property Intellectual Property Law Copyright IP 62

The IPKat

DECEMBER 10, 2023

Panel discussion: AI and copyright UCL's Institute of Brand and Innovation Law will hold a panel discussion tackling the complexities of copyright law in the context of AI-generated content. The event will take place on June 12-13, 2024. For details, click here.

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Intellectual Property IP Registration Privacy 67

Technology & Marketing Law Blog

MAY 13, 2024

May 9, 2024). — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Blogging Contracts Cease and Desist Social Media 97

The IPKat

JANUARY 23, 2024

And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best Copyright Law Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. • Copyright: Music Borrowing and Copyright Law, by Enrico Bonadio and Chen Zhu. •

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Intellectual Property Intellectual Property Law Moral Rights Editing 133

Indiana Intellectual Property Law

FEBRUARY 16, 2024

On January 12, 2024, the Seventh Circuit Court of Appeals , in the matter of UIRC-GSA Holdings v. The issue revolved around copyright infringement claims brought by UIRC-GSA Holdings against William Blair, a financial services company.

Copyright 52

Copyright Copyright Infringement Copying Copyright Law 52

The IPKat

DECEMBER 23, 2023

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

Intellectual Property 67

Intellectual Property IP Copyright Law Invention 67

Patently-O

APRIL 18, 2024

by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of Columbia. 2024), centers on Dr. Stephen Thaler’s attempts to register a copyright for an artistic image autonomously generated by his AI system that he has named the “Creativity Machine.”

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Copyright Law Copyright Registration Inventor 64

Kluwer Copyright Blog

FEBRUARY 20, 2024

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. This would require AI developers to obtain permission from all rightsholders whose works are included in their training data.

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Copyright Law Copyright Law Government 143

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Trademarks aren’t always top of mind, but they’re valuable assets – in 2024 and into the future for as long as you properly tend to them. It misses you! Stay tuned!

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TorrentFreak

MAY 16, 2024

The Retraction Order The relevant AGCOM ‘order of annulment’ is dated May 10, 2024, and, like most documents published by the regulator, it begins with a list of relevant laws dating back to 1941 before getting to the crux a page and a half later. Entertainment, Vision Distribution S.p.A, and Rai Cinema S.p.A,

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Reporting Advertising Advertising Cinema 94

Patently-O

FEBRUARY 20, 2024

Unlike copyright law, patent law has an unambiguous six-year statute of limitations on damages in infringement cases. Dennis Crouch and Timothy Knight, Under What Circumstances Can Damages Be Obtained for Copyright Violations That Took Place More Than Three Years Before Filing of the Lawsuit? , See 38 U.S.

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Music Copyright Due Diligence Licensing 105

Plagiarism Today

JANUARY 5, 2022

copyright law, works of corporate or pseudonymous authorship lapse into the public domain after either 95 years from first publication or 120 years after creation, whichever ends first. In 2024, the cartoon Steamboat Willie will enter the public domain. What Actually Happened. That was the first appearance of Mickey Mouse.

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Public Domain Art Publishing Plagiarism 353

TorrentFreak

FEBRUARY 16, 2024

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. Liburdi handed down his order on February 6, 2024. Judge Michael T.

Copyright 114

Copyright Trademark Copyright Infringement Registration 114

Velocity of Content

JANUARY 9, 2024

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. The copyright holder can enforce its rights through an infringement claim if uses are made without obtaining the appropriate permissions.

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Copyright Journalism Licensing Copyright Infringement 98

Kluwer Copyright Blog

OCTOBER 18, 2023

1] From this perspective, it can be argued that the introduction of a limitation-based remuneration right will preserve the anthropocentric approach to copyright law, preventing an upside-down scenario where human creativity becomes instrumental to artificial intelligence. In particular, Art. Thouvenin, A. Peukert, T. Jäger and C.

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Copyright Art Licensing Copyright Law 128

TorrentFreak

FEBRUARY 6, 2024

Calcio.re, Piracy Shield’s First Official Target On January 29, 2024, broadcaster DAZN filed what appears to be the first official application for enhanced Piracy Shield site blocking. link] is an online platform that allowed the user free access to the matches of the 21st day of Serie A played on January 20 and 21, 2024.

Social Media 97

Social Media IP Reporting Copyright Law 97

The IPKat

JANUARY 27, 2024

A new law entered into force on 11 January 2024 that aligns the protection of Italian artisanal and industrial products with the EU Regulation. Importantly, this is the first time the CJEU will consider this issue from the perspective of copyright subsistence, not infringement.

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Derivative Work Intellectual Property Editing Copyright 62

Olartemoure Blog

NOVEMBER 10, 2023

Spotify, has announced a major change to its royalty model that will take effect in 2024, generating discussion and debate throughout the music community. The most prominent change is the introduction of a 1,000 plays threshold for tracks to be eligible for royalty payments.

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Music Intellectual Property Designs Design 98

Technology & Marketing Law Blog

MARCH 6, 2024

In yesterday’s ruling, the plaintiff got virtually all of the inferences stacked in their favor, but that plaintiff emphasized trademark law. This plaintiff emphasized copyright law but got little traction. Could it be that, in the print-on-demand context, trademark law is more powerful to rightsowners than copyright?

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Copyright Trademark Law Publishing Copyright Infringement 102

Kluwer Copyright Blog

DECEMBER 11, 2023

The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an end a legislative process that has lasted more than two and a half years and during which the scope of the Act has been significantly expanded.

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Copyright Copyright Law Publishing Public Domain 145

Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. Do the creators and users of large language models (LLMs) and as sociated generative AI applications infringe the copyrights of content creators? Legal & Copyright Issues With that technical background, the discussion moved to legal and copyright issues.

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Fair Use Copying Licensing Copyright 52

The IPKat

JANUARY 30, 2024

I debated this on BBC Radio 3’s Free Thinking episode; Dickens, Disney and Copyright , together with David Bellos and Katie McGettigan. Steamboat Willie was published under 1909 United States copyright law which provided protection for 28 years from the date of publication and could be renewed for a further 28 years to a maximum of 56 years.

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Public Domain Copyright Publishing Designs 78