Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

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Copying Copyright Law Copyright Social Media 102

Plagiarism Today

MAY 17, 2022

1: GPL Legal Battle: Vizio Told by Judge it Will Have to Answer Breach-of-Contract Claims. Vizio argued that the matter should be heard by a federal court, which has sole jurisdiction over copyright matters, but the SFC argued it was a contract dispute, which would be heard in the state court.

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Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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Blogging Contracts Cease and Desist Social Media 96

Plagiarism Today

AUGUST 2, 2021

1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. First off today, Blake Brittain at Reuters reports that U.S. Universal, Disney, Netflix, Amazon, Paramount, Sony are among the group that have teamed up to sue Tusa for both copyright infringement and breach of contract.

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Plagiarism Today

MARCH 14, 2022

1: Katy Perry Wins in Dark Horse Copyright Appeal. First off today, Mark Savage at the BBC reports that Katy Perry has emerged victorious once again in the lawsuit over her 2013 song Dark Horse. copyright law. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Settlement Copyright Law Copying Plagiarism 203

Plagiarism Today

DECEMBER 13, 2022

1: Supreme Court Asks for Biden Administration’s Views in Google Copyright Case. First off today, Blake Brittain at Reuters reports that the Supreme Court is seeking guidance from the solicitor general on how it should rule on a case that pits the lyrics site Genius against the search giant Google. 1 Hit “Rockstar”.

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Plagiarism Today

MAY 31, 2022

1: Pinterest Prevails in Photography Copyright Dispute. First off today, Carson McCullough at Courthouse News Service reports that a federal judge has granted summary judgment in favor of Pinterest in their battle with a photographer. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. motion to do so.

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LexBlog IP

DECEMBER 17, 2021

This combined data is then used for synthesis, modeling and reporting, with the goal of making some or all of it available to the public. In legal terms, those rights are intellectual property (IP) rights such as copyright, patents, and trademarks, confidentiality obligations, and contract rights.

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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

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Blogging Contracts Copyright Law Copyright 92

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws.

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Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

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Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

SEPTEMBER 30, 2022

And here is the second part of the report about the intense day of study dedicated to the memory of Prof. Marco Ricolfi (who, besides, was also this GuestKat's esteemed professor) gave a learned lecture with many references also from the philosophy of law entitled “ IP in the algorithmic society: between metamorphosis and continuity ”.

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Reporting Copyright Intellectual Property Moral Rights 91

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

The IPKat

AUGUST 19, 2021

Earlier this year, The IPKat reported on the judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) in VG Bild-Kunst , C-392/19 , an important case concerning contractual restrictions to linking under EU copyright law (on that occasion, I also updated my linking table: see here ).

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Copyright Copyright Law Publishing Contracts 95

Kluwer Copyright Blog

JANUARY 9, 2023

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. In any case, this first YouTube Report is indeed a promising start (Paul Keller, op cit.), Factfulness, p.

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Kluwer Copyright Blog

MAY 17, 2023

The mapping of national legal sources of copyright flexibilities and their comparative analysis provided a detailed overview of the state of the art of copyright flexibilities in all the 27 Member States, organized in 27 national reports which illustrated national provisions using the same taxonomy applied to EU sources.

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LexBlog IP

FEBRUARY 16, 2024

If a worker is an employee, the business must report the worker’s earnings to the Employment Development Department ( EDD ) and must pay employment taxes on those wages. Thus, companies have a clear interest in ensuring that the freelancers they occasionally contract with are deemed independent contractors, not employees.

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Social Media Intellectual Property Contracts Branding 52

TorrentFreak

MAY 9, 2024

After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. More recently, however, the time between application and blocking injunction has contracted.

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TorrentFreak

JUNE 7, 2023

Lawsuits that seek to explore new ground are often complex, but the idea that YouTube’s restriction of access to Content ID effectively amounts to a breach of copyright law seems as much a stretch today as it did three years ago.

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Contracts Copyright Publishing Copyright Infringement 117

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? IIM ) , and their applicability cannot be waived by contract.

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Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

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The IPKat

SEPTEMBER 16, 2022

Trade Marks GuestKat Nedim Malovic reported and commented on a couple of EU trade mark decisions:- · The first is the decision (Case T-251/21 Tigercat Inc v EUIPO) of the EU General Court on the appeal in relation to the opposition against “Tigercat” filed by Caterpillar Inc. InternKat James Kwong reported that the trial has recently begun.

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43(B)log

APRIL 7, 2023

Transparency: reports on content moderation, including judicial orders, notices, number and type of content moderation, use of automated means and related training, and number of complaints. Roche-Laguna: Audit reports will be published w/transparency reports every 6 months, and audit implementation reports have to be published.

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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. Germany’s implementation of Art.

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Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. But the present draft clearly reaches such content. [2] 3] The current chair’s draft contains a national treatment clause (article 5.2)

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Public Domain Contracts Copyright Licensing 63

The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? COPYRIGHT OFFICE, REPORT TO THE LIBRARIAN OF CONGRESS BY THE REGISTER OF COPYRIGHTS 5 (1966). First, held the Board, a machine cannot enter into any binding legal contract. were actually conceived and executed not by man but by a machine.”

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Copyright Artistic Work Copyright Law Contracts 145

The IPKat

NOVEMBER 28, 2021

Katfriend Jan Jacobi reported on a recent judgment of the Court of Appeal of The Hague (19 October 2021) dealing with the Van Doren Lifestyle judgment, which deserves special attention. TRADE MARKS In the context of European trade, proving trade mark exhaustion can be challenging. Montagnani, OUP, 912 pp.),

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The IPKat

JUNE 29, 2022

Image: Riana Harvey The key change to note at this stage, then, is the introduction of a TDM copyright and database exception. The report states that the Government will identify suitable legislation to make the required changes in due course. IP is key to innovation.

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Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. IV. Copyright contract law (Sections 31 et seqq.

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Law Copyright Law Copyright Contracts 63

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. In its refusal of Thaler’s second request for reconsideration, the USCO reflected on decades of case law in both the Supreme Court and lower courts, as well as the Compendiums of U.S.

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TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.

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Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 120

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. Success is dependent on collaboration, networking, and sharing information.

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TorrentFreak

SEPTEMBER 22, 2022

Bungie calls this ‘cheat software” and according to Mann, the company has been trying to “shoehorn” its use into a recognized cause of action, such as copyright infringement and/or breach of contract. Copyright Infringement? “In this action, Bungie vilifies and attacks Defendant L.L.

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Copyright Infringement Contracts Licensing Copyright 121

The IP Law Blog

FEBRUARY 23, 2023

Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement.

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Copyright Copyright Infringement Publishing Derivative Work 98

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law.

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Contracts Law Technology Privacy 52

Kluwer Copyright Blog

NOVEMBER 25, 2021

They have taken work away from lawyers by writing contracts. Indeed, reducing money paid to authors is reportedly one of the main reasons for the attempted merger of the two largest US publishing houses, now on hold after an intervention by the US competition law authorities. Now, last time I checked we live in a market economy.

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The IPKat

DECEMBER 5, 2021

As previously discussed , the Copyright (Rights and Remuneration of Musicians, Etc.) Bill proposed new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. to modernise the law so it reflects the reality of the music industry." This bill is not about anarchy in the UK.

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