Cloud Services and private copying levy: further developments in the AG Opinion on the Austro-Mechana case

Kluwer Copyright Blog

The recent AG Opinion on the Austro-Mechana case ( C-433-20 ) discusses some interesting developments on how to treat Cloud Services from the perspective of the private copying levy. The Austro-Mechana case and the right to claim private copying levy.

End Of An Era: USPTO Proposes To Phase Out Hard Copy Patent And Trademark Certificates

JD Supra Law

Patent and Trademark Office (USPTO) plans to stop issuing patent and trademark certificates in hard copy format. As part of its plan to modernize the U.S. intellectual property registration system, the U.S.


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AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

The IPKat

Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services?

DMCA-Circumventing Cheat Maker Uses DMCA to Take Down Cracked Copy


That the creators of a cheat that almost certainly violates the anti-circumvention provisions of the DMCA attempted to have a copy taken down based on the same law is both novel and pretty ironic, to say the least.

Why Hard Copy Articles Are Holding Strong in the Pharmaceutical Industry

Velocity of Content

For these companies, their need is simple – get a hard copy of their research into the hands of physicians so they know it’s available if they ever need it. When ePrints first become readily available, the prevailing belief was hard copies would become obsolete.

false advertising as a workaround when municipal codes are copied?


It allegedly sold or gave away unauthorized copies of the I-Codes and Custom Codes to both customers and prospective customers. International Code Council, Inc. UpCodes, Inc., 2021 WL 1236106, Nos. 17 Civ. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

competitor's copying of photos doesn't inherently inflict competitive harm


He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. Ohio Jun.

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). According to the new proposal, the private copying levy is to be collected in future by tax offices.

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

Kluwer Copyright Blog

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. This important aspect of the functioning of the private copying levy as compensation for creators has disappeared from the draft law.

Copy and Paste – Supreme Court Holds Copying Software Function Calls Was Fair Use

TraskBritt Intellectual Property

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). This copying enabled programmers already familiar with the Java programming language to easily learn to program for Android, jumpstarting the library of applications available on Google’s platform. LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. The U.S.

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

JD Supra Law

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs).

End of an era: USPTO proposes to phase out hard copy patent and trademark certificates

IP Spotlight

Patent and Trademark Office (USPTO) plans to stop issuing patent and trademark certificates in hard copy format. In a recent blog post , USPTO Director Drew Hirshfeld announced that the USPTO will soon publish a proposed rule to eliminate the USPTO’s regulatory obligation to mail a paper copy of the patent to the correspondence address of record. The USPTO’s trademark regulations do not require the USPTO to mail trademark registrations in hard copy form.

Truncation and Providing Copies of Checks

GDB Firm Blog

Some banks go so far as to provide no paper statements and their Internet banking does not provide copies of paid checks unless the depositor asks for them. A recent decision of a New York appellate court suggests that complete truncation, without providing copies of paid checks, is a bad idea. The Bank had provided copies of the paid checks to the company. Many banks truncate checks.

Aldi Says Its Caterpillar Cake No Cookie-Cutter Copy Of M&S'

IP Law 360

Aldi hit back against Marks & Spencer in their High Court caterpillar cake-off, arguing that the rival supermarket chain did not invent the concept of the insect-themed milk-chocolate creation the discounter is accused of copying

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

Case Law CJEU European Union Jurisdiction Legislative process Private copying Round-up AI artificial intelligence cloud computer program data decompilation Levy policy private copying Public Consulation UKIPOPhoto by Markus Spiske on Unsplash.

Illumina Tells Jury BGI Copied Its DNA Sequencing Patents

IP Law 360

Counsel for DNA sequencing equipment supplier Illumina told a California federal jury during opening statements Monday that China-based BGI Genomics Co. willfully infringed five of its DNA sequencing patents, while BGI's counsel told jurors that the patents couldn't have been infringed since they are obvious and invalid

Skin Care Co. Ordered To Pay $2.3M For Copied Packaging

IP Law 360

A Florida federal judge has ordered a skin care company to pay a rival $2.3 million after a jury found the business ripped off copyrighted text and design elements for its anti-aging cream packaging

If copyright law won’t protect small fashion brands against copying, social media will – just ask influencer Danielle Bernstein

JIPEL Copyright Blog

However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. Nordstrom removed the pieces at issue, and everything seemed to be fine on the copying front—until 2020 hit.

Does Failure to Submit Copies to Copyright Office Put an End to Copyright?

Dear Rich IP Blog

Questions: (1) As I understand it, the publisher would have had to submit 2 copies of the magazine to the Library of Congress to complete the registration process. How can I find out if the publisher actually sent copies of the magazine to the LoC to complete the process? (2)

Can I Copy from an Unpublished Library Manuscript?

Dear Rich IP Blog

If you are simply copying a paragraph or two (say 150 - 200 words) for an academic monograph, a court is likely to consider it fair use because your use is transformative (for commentary) and your borrowing is minimal. Dear Rich: I am in the final stages of publishing an academic monograph.

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

LexBlog IP

In this case, Google copied 37 Java API packages and wrote its own implementation code underlying those API packages for use by developers on its Android operating system. Oracle, it is clear that not all copying of copyrighted code will subject a developer to liability.

Colour Trademarks: What you Need to Know


Where you do not have any legal rights in an asset, as you won’t have with colour in the early days of your use of a colour, you are largely powerless to tackle competitor copying. Competitors Copying Your Colour. They can copy your positioning, but they must use a different colour.

Can I Use James Joyce Case to Justify Copying?

Dear Rich IP Blog

Dear Rich: I am an Australian author now based on Italy. I have written a biography of a major Italian journalist with the permission/collaboration of his publisher and newspaper, obtained by my former Australian publisher, which approved the manuscript for publication.

API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v. Oracle America Inc.

Trademark and Copyright Law Blog

In considering market effects, the Court considered not just the amount of the loss of Oracle licensing revenue, but also the source of the loss, and the public benefits the copying will likely produce. The decision provides protection for software developers who otherwise would need licenses to copy portions of APIs to make their programs interoperable. The post API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v.

Damage to the Global Economy From Counterfeit Goods Exceeds $300 Billion; Risk of Injury, too

IP Close Up

Data News People Places Research Transactions Uncategorized clothing Consumer Reports consumers cosmetics counterfeits ebay Ecommerce electronics fake goods global economy Internet knockoffs medications online replacement parts unauthorized copies

Rare Books Publisher Valancourt Versus The Deposit Requirement

The Illusion of More

On July 23, the District Court for the District of Columbia denied publisher Valancourt’s claims that the requirement to provide deposit copies of U.S. Copyright Law & Policy Lit/Pub Copyright Office deposit copies Featured Library of Congress Valancourt Books

Northern District of Illinois Allows Filing of Non-Sealed Audio/Video Exhibits

Chicago IP

The exhibits will be available for purchase and download via the Certified Copy Desk. To purchase electronically-filed audio/visual exhibits: Contact the Certified Copy Desk (CCD) inbox at ; Pay the CCD invoice you receive according to the Fee Schedule ; and. Legal News Audio Files Certified Copy Desk Northern District of Illinois Video Files

Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed

Hugh Stephens Blog

Paying for Use of News Content? The US Launches Study on Free-Riding by News Aggregators

Hugh Stephens Blog

It discussed the longstanding question of who “owns” the news, and who should be compensated when news content is copied. A couple of weeks ago I put up a blog posting looking at the history of copyright and news content over the past two hundred years or more.

Clipping Limit Exceeded


Uncategorized "Piracy" Barnes & Noble Books & Publishing Copyright DRM & Copy Protection E-Books First Sale & Exhaustion Kindle Michael Lewis The Big Short W.W. Just as K. Matthew considers moving further into the e-book world, W. Norton mucks up. Norton

Benefits and Considerations for Patent Prosecution Under Patent Prosecution Highway in Australia, Canada, South Korea, and Japan

Intellectual Property Law Blog

Introduction. This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here.

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Plagiarism Today

million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. With previous ones selling for around €25,000 ($28,000), their copy cost more than 100 times the going rate. Many copies of the book are already easy to access just through a simple search.

Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Intellectual Property Law Blog

The PPH request must be accompanied by: (1) copies of OEE work products (or latest work products of a PCT application in international phase); (2) a copy of claims determined to be patentable by the OEE; and (3) copies of non-patent documents cited in the OEE work products.

Server Test Showdown? The Conflicting Rulings Over Whether Embedding a Social Media Post Violates the Copyright Act

IP Tech Blog

Last year, I wrote about a ruling in the Southern District of New York, Sinclair v. Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online.

The Streamlabs (SLOBS) Plagiarism Scandal

Plagiarism Today

It was hot on the heels of a very different kind of copying scandal, one that involved Streamlabs announcing the launch of a new product using content copied and pasted from one of their biggest competitors. Hey, can I copy your homework? ? The user reviews are even a COPY!

Did Fortnite Plagiarize Among Us?

Plagiarism Today

A Long History of Copying. However, it wasn’t the end of Epic Games’ issues with copying. Though Epic Games has long been heavy-handed with its copying in Fortnite , this story seems to have upset not just the developers and creators, but the gamers.

Indie Singer-Songwriter Says Sony Swiped Her 1998 Single

IP Law 360

An independent Pennsylvania singer-songwriter accused Sony Music Entertainment of infringing on her copyrighted 1998 single, "Something About You," by putting out its own copy of the song in 2019, according to a suit filed Thursday in California federal court

Music 83

High-End Jeweler Yurman Says Mejuri Is Ripping Off Its Brand

IP Law 360

Luxury jewelry company David Yurman on Friday accused the predominantly internet-based retailer Mejuri of copying its designs and trying to "freeride" off its reputation and advertising

The Plagiarism of Fast Fashion

Plagiarism Today

Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” They are cautious to emulate, but not copy, any elements that can be copyright protected.

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

IP Watchdog

As an exception to the general law prohibiting copying others’ works, it permits copying for a limited and “transformative” purpose, such as commentary, criticism, teaching, news reporting, scholarship, or research. “Fair Use” is a flexible defense to claims of copyright infringement.

NFT – The Hottest Trend in Ripping Off Artists

The Illusion of More

By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66

Disney+ ‘Behind the Attraction’ Accused of Plagiarism

Plagiarism Today

All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. This leaves little doubt that, somewhere along the way, copied images made it into the show.

Are All the Terms in Your Standard Terms and Conditions Incorporated?

IP Tech Blog

There is no need to send the other party on a wild goose chase searching on your website for the right terms when actually it makes more sense to just provide them with a copy.