TorrentFreak

MARCH 18, 2024

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. A Napster Moment?

Publishing 109

Publishing Fair Use Copying Music 109

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. They develop, market and sell statistical process control (SPC) software and gauge management software. CyberMetrics then removed InSPC v1 from their website.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. Hard to say on the evidence thus far but Riot was clearly concerned about something.

Copying 99

Copying Social Media Copyright Copyright Law 99

TorrentFreak

APRIL 7, 2024

Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue. Many rightsholders choose to monetize copyright-infringing videos instead of taking them down, which can be quite lucrative. This approach was initially controversial but not anymore.

Copying 91

Copying Copyright Infringement Fair Use Social Media 91

TorrentFreak

SEPTEMBER 30, 2021

Earlier this year Texas-based model Deniece Waidhofer sued Thothub for copyright infringement after the site’s users posted many of her ‘exclusive’ photos. While Cloudflare isn’t new to copyright infringement allegations, this case has proven to be more than a nuisance.

Copyright Infringement 126

Copyright Infringement Advertising Advertising Copyright 126

Kluwer Copyright Blog

NOVEMBER 16, 2023

But last year, one supranational interference with copyright law surprisingly did not come from Luxemburg, but from Strasbourg: the judgment in Safarov v Azerbaijan. He sues for copyright infringement and claims damages. The Safarov case In 2009, Safarov authors a book. An NGO makes his entire work available for download.

Copyright 91

Copyright Copying Copyright Law Marketing 91

TorrentFreak

SEPTEMBER 6, 2022

Over the past several years there has been a drive to hold US-based ISPs liable for copyright infringements carried out by their customers. These Internet providers are accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple ‘copyright infringement’ notifications.

Copyright Infringement 135

Copyright Infringement IP Copyright Reporting 135

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. 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.”

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands. Seems simple right?

Marketing 81

Marketing Marketing Branding Brands 81

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement.

Copyright Law 95

Copyright Law Copyright Law Copyright Infringement 95

TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say.

Copyright 115

Copyright Fair Use Copyright Infringement Copying 115

The IPKat

JULY 6, 2023

Tesco alleged that, on the other hand, the cost to it of eradicating the infringing signs would exceed £7m, and therefore an injunction would be oppressive to it.

Copyright 94

Copyright Copyright Infringement Marketing Marketing 94

TorrentFreak

APRIL 5, 2024

Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions. The extensive evidence was noted once again and reference was made to the SEK 2,000,000 the man received in 2020.

Reporting 95

Reporting Marketing Marketing Copying 95

The IPKat

OCTOBER 15, 2023

The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original. The Swedish Patents and Market Court (first instance) held that the shape of the dining table was the result of the author’s own intellectual creation and therefore sufficiently original.

Art 91

Art Designs Design Marketing 91

Velocity of Content

DECEMBER 14, 2023

Unfortunately, from growing startups to established global companies, we hear all the time from organizations whose teams are not fully aware of how copyright applies to the content they rely on to accomplish their respective goals.

Licensing 98

Licensing Copyright Publishing Journalism 98

IPilogue

DECEMBER 9, 2022

Take-Two created the WWE 2k video game series, which use “photo reference” to realistically reproduce the featured wrestlers from a photograph. Alexander filed a complaint before the District Court of Southern District Of Illinois for copyright infringement under 17 U.S.C. § Citing Muhammad-Ali v. Final Call, Inc.,

Fair Use 112

Fair Use Copying Licensing Copyright 112

TorrentFreak

JULY 29, 2021

The “repeat infringer” issue remains a hot topic in US courts after rightsholders filed lawsuits against several ISPs. These Internet providers are accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple ‘copyright infringement’ notifications.

Copyright Infringement 142

Copyright Infringement Copyright Music Settlement 142

Velocity of Content

OCTOBER 19, 2023

The Act also did away with some formalities; no longer do you have to renew your copyright to enjoy the full term of protection and no longer are copyright notices required for protection. Interestingly, President Ford’s signature on the 1976 Act was not his last public brush with copyright law.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Technology & Marketing Law Blog

NOVEMBER 23, 2022

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. The post How Copyright Law Fosters Anti-Competitive Behavior, Part Infinity–Bayam v.

Copyright Law 129

Copyright Law Copyright Law Copyright Infringement 129

Kluwer Copyright Blog

OCTOBER 2, 2023

CJEU judgments and AG Opinions Ocilion, CJEU, C-426/21 In July, the CJEU delivered its judgment in the Ocilion case, which related to the right of communication to the public and the private copying exception. Seven.One, AG Opinion, C-260/22 This is yet another preliminary reference on the private copying exception and broadcastling.

Copyright Law 74

Copyright Law Law Copyright Copying 74

43(B)log

DECEMBER 18, 2023

Simpson’s structural connectors are specified on most construction drawings in the US; its market share is over 75%. New parts in recent catalogs are marked as new; Simpson registered copyrights in two of its recent catalogs.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

IPilogue

FEBRUARY 28, 2023

At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. In 1998, the French courts ruled that the photographs were used for documentary purposes , and thus were not entitled to copyright protection.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

TorrentFreak

AUGUST 21, 2021

After the apparent demise of Area 51 but in advance of the settlement being finalized, it’s alleged that Tusa launched a close copy of Area 51 called SingularityMedia, which scooped up Area 51’s customers. A pending settlement agreement included a clause that Tusa couldn’t launch or be involved with any similar services.

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

Technology & Marketing Law Blog

MARCH 6, 2022

An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. ” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. .

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

SpicyIP

MAY 1, 2023

Essentially, they have argued that copyrighted works should be allowed to be copied for non-expressive uses, such as AI learning to recognise stop signs, self-driving cars or learning how words are sequenced in conversations, but argued that the question of fair use should become tougher when learning is being done to copy expressions.

IP 129

IP Licensing Fair Use Moral Rights 129

TorrentFreak

DECEMBER 22, 2022

In parallel, websites that sell pirated copies of TIR’s copyrighted videos compete in the same market by targeting TIR’s customers. The complaint lists 65 URLs (“infringing links”) on the alleged pirate site mistress-harley.com. 1- Contributory Trademark Infringement – 15 U.S.C.

Privacy 117

Privacy Copyright Infringement Trademark Copyright 117

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

Reporting 52

Reporting Marketing Marketing Copyright 52

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. An emulator reference, presumably. 1201), and infringes copyrights owned by Nintendo.”

Copying 120

Copying Copyright Licensing Fair Use 120

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). UIRC sued William Blair for copyright infringement.

Copyright 47

Copyright Copying Copyright Infringement Editing 47

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. The court adds: “Apple was not willfully infringing merely because it did not exhaustively background check the hundreds of thousands of uploaders on its store.”]. 19-55882 (9th Cir. Tumblr, Inc.,

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. Copyright violation refers to when an unauthorized user infringes the original work of another individual.

Copyright 60

Copyright Branding Brands Branding 60

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. Simpson sells structural connectors for use in building construction.

Designs 64

Designs Design Copying Copyright Infringement 64

Kluwer Copyright Blog

JANUARY 4, 2024

CJEU judgments Seven.One, CJEU, C-260/22 Coming from Germany, this preliminary reference concerned broadcasting organisations and their entitlement to fair compensation as a result of private copying. Finally, the CJEU has received its first preliminary references on the CDSM Directive. You can read the previous round-ups here.

Copyright Law 72

Copyright Law Law Copyright Reporting 72

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52