The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. During the spring 2021 semester, he taught Business 215 to remote students. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. As part of that course, Prof.

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Copyright Alliance

AUGUST 22, 2023

It’s that time when teachers are busy preparing for the new school year. In developing curricula for students, teachers often wonder how copyright law applies to them when they incorporate […] The post 4 Tips to Navigating Copyright Law for Educators appeared first on Copyright Alliance.

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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. The end of the year was busy for both the courts and the policy makers. Photo by Markus Spiske on Unsplash Dear readers, Happy new year!

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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.

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Technology & Marketing Law Blog

NOVEMBER 23, 2022

Bayam and ID Tech run rival online jewelry businesses. ID Tech believed that Bayam copies too much of its copyrighted website content and pursued a whirlwind of enforcement activity, including filing two lawsuits against Bayam and sending numerous DMCA takedown demands to Shopify. Both use Shopify as a service provider.

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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 Court took the opportunity to shed new light on the role and interpretation of legal elements, such as the commercial purpose and the scalability of some uses of copyright protected materials.

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Kluwer Copyright Blog

JANUARY 4, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. But, could they be considered as works in the sense of European copyright law? Certainly, improvisation does not preclude copyright protection.

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Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The court held that geoblocking of Steam activation keys infringed EU competition law.

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Kluwer Copyright Blog

APRIL 2, 2024

Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011. is not protected under copyright.

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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. The end of 2021 has been particularly busy. Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021. CJEU judgments.

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Intellectual Property Law Blog

APRIL 12, 2023

Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training. On March 16, 2023, the U.

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Kluwer Copyright Blog

MARCH 11, 2024

Although the lower courts are still bound by the decisions of the higher courts and their precedents set in light of EU law, they may refer the points of law to certain higher courts under section 6A. REULA’s influence on copyright law Although EU law had a strong influence on the UK copyright law, the two were never properly aligned.

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McBayer IP Blog

DECEMBER 13, 2021

Posted In contract , copyright , Intellectual Property It’s likely that you’ve heard about pop star Taylor Swift re-recording her old albums. Why would a globally-known music star take the time out of her busy schedule to rehash her old music?

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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.

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IP Law 360

FEBRUARY 28, 2024

The top appeals court judge at the Sixth Circuit has issued a precedential opinion insisting that "all manner of works," even stuff that's boring and "run-of-the-mine," can be protected by copyright law, affirming a judgment that stuck a business with more than $1 million in damages and fees for copying the terms and conditions used by a car-dealer (..)

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IPilogue

MAY 18, 2022

If so, should those works be protected by copyright? And who would own that copyright? . Response from Copyright-granting bodies. CIPO has reached a conclusion after they recently issued copyright to a piece of art with an AI tool listed as a co-author (along with a human co-author). Can AI produce original works?

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Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 102

Plagiarism Today

AUGUST 10, 2022

For independent creators, every hour spent working on one’s copyright is an hour not spent on creating new work or running their business. As such, many creators either neglect their work’s copyright protection or pay someone else to handle it, often at great cost. Copyright Office. Copyright Office fees.

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JD Supra Law

OCTOBER 17, 2022

The UAE enacted a new Federal Law No. 38 of 2021 concerning copyright and neighboring rights (New Law) that replaced the old Federal Law No. 7 of 2002 (Old Law) and came into force in January 2022. The New Law provides a clearer framework in an increasing digital environment for businesses.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

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LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. During the spring 2021 semester, he taught Business 215 to remote students. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. As part of that course, Prof.

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Copyright Law Copyright Law Copyright Infringement 52

Patently-O

AUGUST 30, 2022

Google focuses on an important issue of copyright preemption. Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. Rub, Copyright Survives: Rethinking the Copyright-Contract Conflict , 103 Va. by Dennis Crouch. Genius sued. 4th — (2d Cir.

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Copyright Law Copyright Law Contracts 79

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

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The IPKat

NOVEMBER 7, 2023

As IPKat readers know, unlike other areas of IP, the creation of an EU-wide copyright title has never appeared like a concrete possibility. Indeed, the history of EU copyright harmonization has progressed in steps, with several directives (and a couple of regulations) being adopted over a period of 30+ years.

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Erik K Pelton

JULY 14, 2022

The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. But there are some serious copyright issues that you ought to be aware of when you are working with others to create content for you. And that is a specific, important phrase in copyright law. What do you mean?

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Social Media Copyright Cease and Desist Contracts 147

The IPKat

APRIL 15, 2024

In a recent judgment (in Czech) which is one of the first of its kind in Europe, the Municipal Court of Prague (the Court) held that an image generated by an AI tool was not capable of being protected by copyright, as it was not authored by a natural person. Show only hands. ” contractual) protections to prevent this.

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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

JD Supra Law

SEPTEMBER 25, 2023

Copyright Office released a Notice of Inquiry (NOI) seeking comment on the copyright law and policy issues implicated by artificial intelligence (AI) systems. On August 30, 2023, the U.S.

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Copyright Copyright Law Business Law 84

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The end of a calendar year is always busy. The second part concentrates on the copyright-related challenges raised by the use of artificial intelligence.

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Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

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Copyright Copyright Law Copyright Infringement Government 98

Kluwer Copyright Blog

FEBRUARY 2, 2024

Liu ) that an AI-generated image is copyrightable and that a person who prompted the AI-generated image is entitled to the right of authorship under Chinese Copyright Law (see our bilingual version , and the later-released official translation ). The court therefore ruled that Defendant infringed upon Plaintiff’s copyright.

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JD Supra Law

FEBRUARY 13, 2024

The new EU AI Act contains provisions that reach beyond EU borders that could conflict with US copyright law, among others, when proprietary datasets are used for AI training. By: Morgan Lewis

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Copyright Copyright Law Business Law 70

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. 

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Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. Questions, Answers and Copyright.

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Copyright Infringement Copyright Derivative Work Fair Use 238

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.

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Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Photo by Markus Spiske on Unsplash.

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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.

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