Kluwer Copyright Blog

JULY 19, 2023

It is not the first time that the French courts have ruled that fonts may be protected by copyright (e.g. In 2020, the creator of Le Monde newspaper’s font, together with the company he founded, brought a copyright infringement case against Google and the company that created the ‘Spectral’ font.

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Copying Copyright Infringement Copyright Law Copyright 52

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

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Copyright Law Copyright Law Copyright Infringement 52

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

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Copyright Law Copyright Law Fair Use 52

The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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Derivative Work Copying Copyright Infringement Copyright 112

Kluwer Copyright Blog

JULY 11, 2022

That copyright was found to have been infringed by the creators of an ‘interactive dining experience’ which used Del Boy and the other main characters from ‘Only Fools and Horses’, one of the most successful British TV comedies of the 1980s and 1990s. The Infringement. It is noteworthy for a number of reasons. The Defences.

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Copyright Infringement Copyright Music Intellectual Property 114

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

Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles.

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Social Media Fair Use Copyright Infringement Copying 140

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

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Copyright Fair Use Copyright Law Copyright Notice 116

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Citing Muhammad-Ali v. Final Call, Inc.,

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Fair Use Copying Licensing Copyright 112

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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IP Designs Design Copying 52

LexBlog IP

OCTOBER 4, 2022

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. and NBCUniversal Media, LLC relating to alleged copying of fonts. Copyrights. Design Patents.

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Design Patent Copyright Law Intellectual Property Designs 52

IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. Liking admitted to copying the eighth iteration of the WaterRower in creating its rival rowing machine, the TOPIOM Model 1. The Facts at Issue.

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Art Artistic Work Copyright Law Designs 73

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Design Patent 57

TorrentFreak

DECEMBER 22, 2023

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York Federal court concluded that the library is indeed liable for copyright infringement.

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Copyright Fair Use Publishing Marketing 115

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

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Intellectual Property Designs Design Copyright 116

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. After Judge Anderson allowed the Yonay case to proceed past the pleading stage , the parties designated dueling experts.

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Copyright Copyright Infringement Social Media Licensing 93

Technology & Marketing Law Blog

MARCH 6, 2024

He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.” This plaintiff emphasized copyright law but got little traction. Sadly, that’s usually true. Implications.

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Copyright Trademark Law Publishing Copyright Infringement 99

TorrentFreak

AUGUST 24, 2021

In April 2020, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon filed a copyright infringement lawsuit against the operators of ‘pirate’ IPTV service Nitro TV. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

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Television Copyright Infringement Advertising Advertising 132

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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Ownership Intellectual Property Artwork Copyright Law 103

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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Licensing Copyright Publishing Journalism 98

TorrentFreak

APRIL 23, 2023

copyright law. With no copyright experts immediately available on TikTok or Facebook, we turned to the UK’s third pillar of wisdom to get answers the big questions. ” 2) Sites’ whole purpose was to “circumvent the copyright-protecting safeguards” built into services like YouTube.

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Music Copyright Technology Copyright Law 125

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. Appellee WPL Responsive Brief. 1821 (2013).

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Kluwer Copyright Blog

APRIL 24, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry , which was prepared by the authors for the World Intellectual Property Organization.

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Copyright Intellectual Property Copyright Infringement Copying 60

IPilogue

NOVEMBER 15, 2021

Dorland’s copyright infringement claims were allowed, while her claim for intentional infliction of emotional distress was denied.? . In order to prove copyright infringement , Ms. Dorland will need to show: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.

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Art Copyright Infringement Copyright Copying 105

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Law and the courts encourage innovation by guaranteeing its unrestricted flow while continuously attempting to avert abuse.

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Intellectual Property Cease and Desist Copyright Law Music 52

IPilogue

NOVEMBER 11, 2021

Professor Vaver spoke on the origins of fair dealing in Canada and its differences and similarities in comparison to the American legal concept of “fair use”, its evolution throughout the history of Canadian common law jurisprudence, and its potentially far-reaching future beyond Canada and copyright law. .

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Fair Use Copyright Law Copyright Intellectual Property 110

Patently-O

AUGUST 25, 2021

In Google , the Supreme Court found fair-use but did not decide the issue of copyrightability. WPL is a UK based software company who obtained several copies of SAS statistical software and made a clone version. SAS sued in E.D.Tex for both copyright infringement and patent infringement. copyright law.”

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Copyright Copyright Infringement Copying Fair Use 125

IP and Legal Filings

MAY 13, 2024

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. AI additionally possesses no copyright on the material that it generates. Copyright law protects just the expression, not the idea itself.

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Copyright Intellectual Property Ownership Technology 52

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

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Fair Use Privacy Copyright Technology 136

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. The case concerned Longchamp’s Le Pliage “cult” bag.

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IP Designs Design Registration 87

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

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Blogging Copying Social Media Copyright 95

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement. Therefore, DCs cannot be freely transacted in the Chinese market.

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IP Ownership Non-Fungible Tokens Copyright Law 109

SpicyIP

JUNE 26, 2023

Swaraj announced the new initiative to discuss the history of IP law on the blog and kickstarted this with informative posts from Shivam Kaushik on Indian copyright history and its entanglement with Berne Convention. Year 1958 and Government’s “Nadir-shahi Firman” Over Copyright Infringement! Bhagga And Ors.

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Copyright Infringement Copyright IP Trademark 98

TorrentFreak

MAY 7, 2023

At least in theory, copyright law in both the United States and Europe should provide adequate protections for intermediaries but if a chink appears in the armor, nothing can stop rightsholders filing a lawsuit. lawsuit against DataCamp, claiming that it failed to deal with copyright infringing customers.

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Settlement Confidentiality Reporting Copyright Infringement 108

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

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Moral Rights Copyright Intellectual Property Licensing 52