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. You can read a first take on the copyright relevant provisions here. Stay tuned!

Copyright Law 72

Copyright Law Law Copyright Reporting 72

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 [.]

Copyright Law 40

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.

Copyright Law 60

Copyright Law Law Copyright Intellectual Property Law 60

Kluwer Copyright Blog

MAY 20, 2024

The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after he sampled two seconds of their song “Metall auf Metall” and looped it in Sabrina Setlur’s track “Nur Mir”. Although AG Crúz Villalon argued in his Opinion (para.

Copyright Law 66

Copyright Law Law Copyright Derivative Work 66

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.).

Copyright Law 77

Copyright Law Law Copyright Copying 77

Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. Before you accuse me of being some sort of Disney shill, I’m not advocating for longer copyright terms.

Public Domain 118

Public Domain Music Copyright Publishing 118

Kluwer Copyright Blog

JANUARY 23, 2024

It does seem like the topic of AI and copyright was everywhere in the copyright world last year. 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.

Copyright Infringement 123

Copyright Infringement Copyright Law Journalism 123

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. The mandate of the group was to identify, develop and codify good practice on the use of copyright, performance and database material in relation to AI, including data mining.

Copyright Law 60

Copyright Law Copyright Law Music 60

JD Supra Law

FEBRUARY 21, 2024

Kilpatrick was honored to be a Platinum sponsor of the New York City Bar Association’s 2024 Intellectual Property Institute. Jonathan W. Thomas, Megan E. By: Kilpatrick

Intellectual Property 68

Intellectual Property Copyright Law Art Trademark 68

IPilogue

MARCH 27, 2023

Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring. Thus, as a new year approaches, those in the field of copyright look to see which works will expire at the end of the year. As a general rule in the U.S.,

Public Domain 105

Public Domain Copyright Law Copyright Registering Trademarks 105

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. Nealy , No. 22-1078, 601 U.S. Despite 17 U.S.C. § Petrella v. Metro-Goldwyn-Mayer, Inc. , 663 (2014).

Copyright 89

Copyright Music Due Diligence Copyright Infringement 89

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Kluwer Copyright Blog

JANUARY 7, 2024

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2024 to all of our readers, as well as reflect on developments in copyright over the past year. Generative AI, Copyright and the AI Act by João Pedro Quintais Generative AI is one of the hot topics in copyright law today.

Blogging 76

Blogging Copyright Copyright Law Technology 76

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. filed its complaint. Judge Michael T. In theory, at least.

Copyright 112

Copyright Trademark Copyright Infringement Registration 112

Velocity of Content

JANUARY 9, 2024

One area that often gets overlooked in the outsourcing and collaboration process is how to manage copyright compliance and the associated risks of non-compliance. While smaller companies without a librarian or information specialist onboard may be unaware of their obligations under copyright law, their lack of knowledge won’t help them. 

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

Technology & Marketing Law Blog

MARCH 6, 2024

A magistrate judge recommended dismissing Tomelleri’s copyright claims. He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.” The supervising judge agrees.

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

IPilogue

MARCH 27, 2023

Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring. Thus, as a new year approaches, those in the field of copyright look to see which works will expire at the end of the year. As a general rule in the U.S.,

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

Kluwer Copyright Blog

MAY 28, 2024

Image via Pixabay The AI Law Proposal: general context and subject matter On 23 April 2024, the Italian government published the text of a draft law introducing regulatory provisions concerning the use of Artificial Intelligence systems to the Italian legal system (“AI Law Proposal”) ( here ).

Law 63

Law Copyright Art Government 63

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

Copyright 121

Copyright Art Licensing Contracts 121

Kluwer Copyright Blog

OCTOBER 18, 2023

Image from DALL-E 3 Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. The payment is integrated into a levy that is imposed on the cost of a physical medium or a device which allows the user to duplicate copyright protected works.

Copyright 127

Copyright Art Licensing Copyright Law 127

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. Continue reading

Copyright 52

Copyright Copyright Infringement Copying Copyright Law 52

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.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

Patently-O

FEBRUARY 20, 2024

By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case – Warner Chappell Music v. ” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” ” 17 U.S.C. § See 38 U.S.

Music 104

Music Copyright Due Diligence Licensing 104

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.

Intellectual Property Law 67

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

Business 65

Business IP Trademark Law Copyright Law 65

Copyright Lately

OCTOBER 23, 2023

Trump is actively litigating a copyright infringement lawsuit over the Eddy Grant song “Electric Avenue” while trying to keep relevant deposition testimony in the case permanently under seal. ” So much for Trump having a basic understanding of copyright law. 14· · · · · Q.· ·Mr. 17· · · · · A.· ·I

Copyright 96

Copyright Fair Use Music Copyright Infringement 96

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.

IP 40

IP Copyright Law Trademark Copyright 40

The IPKat

MARCH 10, 2024

IMRO and Law Society Annual Copyright Lecture (1 May) The 5th annual IMRO/Law Society of Ireland Copyright Lecture will be held in Dublin on 1 May, 18:00 – 19:30. The theme of the lecture is ‘Music Copyright: The Text and Data Mining Exceptions and the EU's AI Act’. or on Zoom. Register for the webinar here.

Intellectual Property 62

Intellectual Property Intellectual Property Law Copyright IP 62

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

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. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

LexBlog IP

NOVEMBER 2, 2023

Copyright Office and U.S. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. These recommendations are to focus on potential executive actions related to copyright and AI. Intellectual property is a key focus. The Order calls on the U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Copyright Office and U.S. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. These recommendations are to focus on potential executive actions related to copyright and AI. If an AI creates a masterpiece, who is the rightful owner of the copyright?

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Copyright Office and U.S. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. These recommendations are to focus on potential executive actions related to copyright and AI. Intellectual property is a key focus. The Order calls on the U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 7, 2023

Copyright Office announced in the Federal Register that it will consider a proposed exemption to the Digital Millennium Copyright Act’s (“DMCA”) anti-circumvention provisions which prohibit the circumvention of any technological measures used to prevent unauthorized access to copyrighted works.

Copyright 52

Copyright Technology Copying Privacy 52

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).

Intellectual Property Law 62

Intellectual Property Law Intellectual Property Art Law Journalism 62

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.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

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”). Proposals to use NFTs to replace or supplement copyright recordkeeping did not demonstrate added value.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130