Kluwer Copyright Blog

JUNE 21, 2022

The existence of this dialectical relationship between rightsholder and user sits at odds with the principles of the copyright system which often assume a dichotomous, all-rights-reserved model of creativity. Likewise, limited copyright exceptions don’t accommodate for this broadly construed ‘use’ of a work.

Contracts 114

Contracts Copyright All Rights Reserved Branding 114

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. Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim.

Copyright Law 80

Copyright Law Copyright Law Contracts 80

IP Watchdog

JULY 2, 2022

Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law? It also raised awareness to copyright issues that are yet to be fully resolved.

Non-Fungible Tokens 111

Non-Fungible Tokens Contracts Copyright Copyright Law 111

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 73

Copyright Law Law Copyright Copying 73

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. — Of course, no state law claim is exactly the same as a copyright claim.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). As the title suggests, this book consists of a detailed analysis and explanation of instances where it is possible to imply a copyright licence in response to or as a defence to an allegation of copyright infringement.

Copyright Law 52

Copyright Law Copyright Law Contracts 52

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

Indiana) in part, for copyright infringement of works of original authorship. The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. (Indiana); and Glenmark Construction Co. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

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. Specifically, the Austrian law were found to violate the country-of-origin principle in Article 3 of the Directive.

Copyright Law 70

Copyright Law Law Copyright Reporting 70

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. More > Tags: Copyright , Intellectual Property , masters rights , music , music copyright , performance rights , recording contract , works for hire.

Music 105

Music Copyright Law Copyright Law 105

JD Supra Law

DECEMBER 18, 2023

Film lawyer Gordon Firemark and music lawyer Tamera Bennett discusses the latest on the Hall and Oates Partnership Sale – or freeze thereof; legislation pending and passed to limit lyrics as evidence in criminal cases; and analysis of the new SAG/AFTRA and WGA contracts post-strike(s). By: Entertainment Law Update Podcast

Contracts 63

Contracts Law Music Trademark 63

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. First, contracts. And that is a specific, important phrase in copyright law.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Plagiarism Today

FEBRUARY 7, 2022

It is a space where there is little regard for copyright law (or other kinds of intellectual property), large amounts of money are being thrown around on dubious investments and there is a lack of understanding as to what this will be and how it will change the larger world. We honestly don’t know.

Cease and Desist 264

Cease and Desist Copyright Trademark Copyright Law 264

Plagiarism Today

MARCH 23, 2022

1: Ed Sheeran Awaits Verdict Over Copyright Court Battle. However, in a bid to keep that domain alive, the service announced that it will be removing all links to pirated content from its site, banning links to content on cyberlockers, installing upload filters and honoring copyright takedown notices in the future.

Law 193

Law Journalism Plagiarism Licensing 193

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.

Copyright 145

Copyright Copying Copyright Infringement Contracts 145

The IPKat

APRIL 4, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Desmond Oriakhogba (University of the Western Cape) on one of the important but largely overlooked aspect of South Africa’s Copyright Amendment Bill: provisions aimed at ensuring fair remuneration for South African creators and performers.

Copyright 132

Copyright Music Artistic Work Contracts 132

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

Copyright Law 52

Copyright Law Law Copyright Television 52

TorrentFreak

JANUARY 11, 2022

Over the past several years a wave of copyright infringement lawsuits have been filed against alleged cheaters or cheat makers. In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. This includes several copyright infringement allegations.

Copyright 137

Copyright Law Copying Copyright Infringement 137

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 119

Copyright Art Licensing Contracts 119

The IPKat

DECEMBER 15, 2023

This Kat is always on the hunt for new copyright rulings. This time he has found a recent ruling issued by the Paris Court of Appeal , concerning a copyright assignment agreement, a subject that is the source of many disputes in France. This ruling is clearly in line with the clarification provided by recent case law [ IPKat here ].

Copyright Infringement 124

Copyright Infringement Copyright Cease and Desist Intellectual Property 124

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. More details from Bloomberg Law. That case involved a photographer who sued the tattoo artist for depicting the copyrighted photo in a tattoo. I imagine an appeal is coming. Kat Von D case.

Licensing 72

Licensing Copyright Blogging Fair Use 72

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 59

Copyright Law Copyright Law Music 59

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

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

Plagiarism Today

AUGUST 2, 2022

Make the book public (to the extent permitted by law) 2. However, those familiar with copyright law, immediately began to point out flaws in the plan. However, for artists, rightsholders and those familiar with copyright, it was completely predictable. Copyright Office. Finding a Use.

Copyright 246

Copyright Non-Fungible Tokens Technology Plagiarism 246

IP Watchdog

DECEMBER 12, 2022

Supreme Court today invited the Solicitor General’s views in a copyright case that asks the High Court to grant a petition on the question of whether the Copyright Act’s preemption clause allows a business “to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?”

Copyright 124

Copyright Contracts Copying Business 124

IP and Legal Filings

FEBRUARY 9, 2023

Introduction The copyright covers a vast domain of subject matters such as literacy, drama, music, artistic, cinematographic, and sound recordings. The act lays provision for accessibility of such copyrighted work to people with disability, such as blind, visually impaired, etc but does not lays any such guidance over the procedure.

Copyright 79

Copyright Contracts Copying Licensing 79

SpicyIP

JANUARY 17, 2022

Lokesh attempts to find grounding for it in Indian law through the current post. He is an LLM Candidate (IP and Technology) at American University Washington College of Law (AUWCL), InfoJustice Fellow at PIJIP , and Arodhum Scholar, 2021. He graduated from the Institute of Law Nirma University, Ahmedabad in 2021. Lokesh Vyas.

Copyright Law 119

Copyright Law Copyright Law Art 119

Kluwer Copyright Blog

JUNE 16, 2021

Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014. US copyright law does not protect remasters, as they lack originality. Background and decision. In 2014, OneRepublic released the song ‘I Lived’ through their label Interscope Records.

Music 98

Music Copyright Law Copyright Law 98

Technology & Marketing Law Blog

JULY 12, 2022

I’m pleased to announce the 2022 edition (13th edition) of my Internet Law casebook, Internet Law: Cases & Materials. This year, the book shrunk by 7% as I took a hard look at where Internet Law stands now. The Florida and Texas social media censorship laws and the associated court challenges. Primer on FOSTA.

Editing 141

Editing Law Social Media Privacy 141

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. Taylor however retained the copyrights over the compositions she created, enabling her to (re-)publish the music independently.

Moral Rights 70

Moral Rights Copyright Music Art 70

IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

Contracts 52

Contracts Business Technology Law 52

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.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. It has been a crazy year for Internet Law! Some of the major changes to the book this year: I added a note on the Copyright Claims Board. It makes a nice module to add an online contracts piece to another course.

Editing 145

Editing Law Privacy Contracts 145

Kluwer Copyright Blog

MARCH 4, 2024

to the ChatGPT Scraping Cases: Differences Between US and EU Law Data scraping is of the essence for generative artificial intelligence (AI), such as ChatGPT, as the data needed for AI training are in most cases obtained by this means. LinkedIn Corp. LinkedIn case.

Privacy 55

Privacy Law Journalism Intellectual Property 55

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Genius sued Google for breach of contract over music transcriptions.

Copyright 97

Copyright Trademark Fair Use Contracts 97

JD Supra Law

JANUARY 19, 2024

Video games are the ultimate interactive experience in intellectual property (“IP”), combining overlapping layers of copyrights, trademarks, licenses, “work made for hire” contracts, and publicity rights, all of which require careful consideration by a game developer to avoid legal issues and prepare the game for distribution.

Intellectual Property 75

Intellectual Property Intellectual Property Law Law Contracts 75

IP Law 360

APRIL 15, 2024

A photographer has added several new claims, including breach of contract, to his copyright lawsuit that accuses the Detroit Lions, the NFL and a host of other defendants of unlawfully using his photo to create a statue of legendary running back Barry Sanders.

Copyright 59

Copyright Contracts 59