Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. Since then, courts in the U.S.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Technology & Marketing Law Blog

AUGUST 24, 2023

Some forms of data are protected by copyright, trademark, or another cognizable forms of intellectual property. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. It’s user-generated content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Kluwer Copyright Blog

OCTOBER 17, 2022

The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. 167(1) Belgian Code on Economic Law ) or validity (see e.g. Article 2(3) Dutch Copyright Act ). Introduction.

Contracts 52

Contracts Law Copyright Moral Rights 52

Technology & Marketing Law Blog

OCTOBER 25, 2023

Implications This case generally sidesteps the interesting issues involving tattoos and copyrights, but the ruling does have tattoo-specific elements. The court never addresses who owned the photograph’s copyright, but they might have had a better claim than the tattoo artist). Warner Bros.

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

Technology & Marketing Law Blog

APRIL 22, 2024

This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. That case involved a photographer who sued the tattoo artist for depicting the copyrighted photo in a tattoo. WWE 2K Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik

Licensing 71

Licensing Copyright Blogging Fair Use 71

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

Contracts 52

Contracts Law Copyright Intellectual Property 52

The IPKat

NOVEMBER 29, 2021

Let’s see what the other IP blogs have been up to this week:- Trade Marks “Metaverse” has become centre stage after Facebook announced that it had changed its company name to “Meta”. Patents Kluwer Patent Blog reported on a recent Danish High Court (Eastern Division) on a long running patent infringement case.

Blogging 76

Blogging IP Contracts Reporting 76

Kluwer Copyright Blog

FEBRUARY 13, 2024

In 2022, in the UK Parliament, the Digital, Culture, Media and Sport Select Committee, in its final report on the Economics of Music Streaming , made a number of recommendations, including speedy adoption of reversion and contract adjustment rights so that UK artists do not fall behind their European counterparts.

Contracts 66

Contracts Music Government Reporting 66

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Aaron Moss has a thoughtful breakdown of the court’s seeming mishandling of the Alexander case at Copyright Lately. by guest blogger Aaron Perzanowski , University of Michigan Law School.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

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

The IPKat

OCTOBER 31, 2021

Copyright Avid gamers may be aware of the controversy between the developers and their ex-employer surrounding the newly released “Aeon Must Die?”, In terms of presentation and appearance, the IP Draughts share a number of techniques to make a contract more user-friendly. including the ownership of IP thus created.

Blogging 111

Blogging IP Ownership Branding 111

The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

Blogging 98

Blogging Law IP Contracts 98

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. COPYRIGHT In the U.S., COPYRIGHT In the U.S.,

Blogging 52

Blogging IP Copying Copyright 52

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. This will make it hard to prove damages.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

The IPKat

JULY 4, 2021

Join me for a walk around the blogs. Kluwer Patent Blog reported on the changes. Kluwer Trademark Blog reported on the application. Kluwer Trademark Blog reported on the decision. The Beijing Treaty on Audiovisual Performances (the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties.

Blogging 85

Blogging IP Designs Design 85

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts 112

Contracts Litigation Blogging Law 112

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

Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. Scholastic, Inc. ,

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. How Do Different Departments Use the Annual Copyright License?

Licensing 98

Licensing Copyright Publishing Journalism 98

Kluwer Copyright Blog

SEPTEMBER 8, 2022

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Copyright Blog posts. ” Top 3 Kluwer Trademark Blog posts.

Blogging 52

Blogging Law IP Copyright 52

IPilogue

APRIL 5, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. With a SOCAN license, businesses comply with copyright laws and may play songs that are part of SOCAN’s repertoire while supporting the creators of that music.

Music 119

Music Copyright IP Contracts 119

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2. Tortious Interference with a Contract 3. Copyright Infringement 10. In total, AA has alleged 12 legal claims: 1. Trespass 5.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Technology & Marketing Law Blog

MARCH 30, 2024

He sued YouTube claiming that the content removals breached YouTube’s contract. Accordingly, there is no right to prior notice before removal of content and no requirement of cause before removal under Plaintiff’s contract with YouTube. YouTube also did not obligate itself to issue strikes for non-copyright violations.

Contracts 83

Contracts Blogging Marketing Marketing 83

SpicyIP

MARCH 28, 2022

Her previous posts on the blog can be viewed here, here , here and here. News and Views: Copyright Hues and Authors’ Dues. For instance, the EU has adopted a neighbouring right for press publishers under copyright regulations. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies.

Copyright 105

Copyright Publishing Music Contracts 105

Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Third, if the jury finds copyright infringement, ordinarily a permanent injunction would follow.

Copyright 143

Copyright Social Media Fair Use Licensing 143

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Stay tuned as a comment on the judgment is coming soon in the blog. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss.

Copyright Law 115

Copyright Law Copyright Law Reporting 115

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. HathiTrust, 755 F.3d

Copyright 121

Copyright Social Media Publishing Licensing 121

IPilogue

JUNE 28, 2022

The Statement of Claim highlights the significant expenses, stress, and inconvenience caused by the disruption, and calls for NCA Exam Guru to be liable for breaches of confidence, conspiracy, breach of contract, and copyright infringement. How are LSO examinations protected?

Copyright 118

Copyright Licensing Copyright Infringement Contracts 118

Velocity of Content

DECEMBER 16, 2021

Readers of this blog might wonder what this quaint vignette has to do with copyright. That computer, with its operating system and various applications, is using “access controls” which are protected by copyright (in the US) under specific provisions (found in Section 1201) of the Digital Millennium Copyright Act (DMCA).

Copyright 105

Copyright Contracts Law Ownership 105

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection? In the context of the Copyright Act, computer software is categorized as a ‘literary work’. Why should I copyright my software?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

NOVEMBER 30, 2022

As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.

Copyright 127

Copyright Advertising Advertising Copyright Infringement 127

Kluwer Copyright Blog

JANUARY 16, 2023

In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Extensive changes to the German Copyright Act.

Copyright 52

Copyright Contracts Copyright Law Law 52

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Scope of protection (copyrighted works) 1.

Copyright 52

Copyright Law Copyright Law Contracts 52

CopyrightsWorld

MARCH 30, 2021

The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. According to the copyright laws, a work that has required significant mental activity to create, and is, therefore, considered original, automatically becomes its creator’s intellectual property.

Copyright 74

Copyright Ownership Intellectual Property Blogging 74