Kluwer Copyright Blog

JULY 19, 2023

Recently, a draft bill to change the burden of proof of originality was presented to the French Senate to try to deal with the problem created by the lower courts. The court therefore ruled that the font of Le Monde’s newspaper is an original typographic work that can as such be protected by copyright.

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IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

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SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. For a more specific discussion, see Prof.

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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.

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Biswajit Sarkar Copyright Blog

MARCH 22, 2022

Section 2(qq) of the Copyright Act, 1957 has provided meaning to the term performer stating that the term would include acrobat, singer, musician., Subsequently, performance can be referred to as the representation of any visual or acoustic presentation which has been performed by one or more performers.

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IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] Magic Mantra Vision. [ii] Magic Mantra Vision, CS (OS) NO.

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Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. an antithematic confrontation) will also usually not be present here.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

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TraskBritt Intellectual Property

APRIL 10, 2021

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. Protecting software through intellectual property rights presents particular challenges.

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LexBlog IP

DECEMBER 17, 2021

If you would like a copy of the Presentation in.PDF format, please Subscribe to Ping® -Arts, Entertainment, Media, Communications, & Technology Legal News From Adler Law Group.

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Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

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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. ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

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Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. As a result, Pearson is suing Chegg alleging copyright infringement. Chegg’s Potential Defenses.

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Kluwer Copyright Blog

AUGUST 16, 2021

Welcome to the second trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The copyright in these two titles expired at the beginning of 2021. Photo by Markus Spiske on Unsplash. Apologies to readers that this one comes a bit late.

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The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach.

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Plagiarism Today

SEPTEMBER 1, 2022

According to the lawsuit, A&E presented the program Live PD between 2016 and 2020. Furthermore, they allege that Reelz has copied many elements from Live PD including the show’s format, the show’s hosts and the same catchphrase to name a few. The lawsuit was filed by songwriters L.

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Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. The presentation wove together technical principles and legal arguments. Fair use loomed large among those rights.

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Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. The Safarov case In 2009, Safarov authors a book. The exhaustion doctrine was conceived with physically sold hardcopies in mind.

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TorrentFreak

MAY 24, 2022

When YouTube first got off the ground in 2005, most of its users would’ve been oblivious to how closely copyright law would govern their online activities moving forward. These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes. Image credit: CODA ).

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TorrentFreak

JULY 5, 2022

In recent years we have seen several lawsuits against ISPs including Charter, Cox, RCN, and Bright House, which are accused of failing to terminate repeat copyright infringers. Under US copyright law, Internet providers must act against persistent pirates “in appropriate circumstances.” Music Industry vs. Bright House.

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Velocity of Content

JANUARY 9, 2024

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. In the United States, Sci-Hub has been sued twice for copyright infringement and lost both cases.

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Technology & Marketing Law Blog

MAY 13, 2024

For the trespass to chattels claim, the court quoted Hamidi in saying that “[s]hort of dispossession, personal injury, or physical damages (not present here), intermeddling is actionable only if the chattel is impaired as to its condition, qualify, value, or. That’s what copyright law is for. citations omitted) X Corp.

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Technology & Marketing Law Blog

JUNE 27, 2023

Copying-in-Fact. If a plaintiff can’t show mechanical copying through direct evidence, it can establish copying inferentially by showing that the defendant had access to the copyrighted work and that it’s improbable the works’ similarities were due to the defendant’s independent creation.

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The IPKat

APRIL 8, 2022

But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. And, while the copyright laws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. Enter the copyright laws.

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Plagiarism Today

SEPTEMBER 21, 2021

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. And despite copying my video, the episode still contains several errors, like saying the Orlando version has 2 ride systems while showing 4.

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The IPKat

APRIL 3, 2023

Here’s what Desmond writes: Nigeria's new Copyright Act 2022: how libraries can benefit by Desmond Oriakhogba Background In October 2021, I wrote about the Nigerian copyright law reform process. The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004.

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TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. As such, US copyright law lacks reach, the defendants say.

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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IPilogue

NOVEMBER 11, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. Brace Memorial Lecture.

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The IPKat

DECEMBER 26, 2023

Ann Wolff, a sculptor started working with Kosta Boda, a Swedish glass manufacturer, in 1972, creating the iconic "snowball" glass lantern, a staple of Swedish household design: As of today, more than 15 million copies of the glass lantern have been sold worldwide.

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IPilogue

DECEMBER 9, 2022

The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo. 2016) it stated that the burden is on the Defendant to prove the copying was authorised. Citing Muhammad-Ali v. Final Call, Inc., 3d 755, 761 (7th Cir. Would Alexander Have Won this Case in Canada?

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Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

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TorrentFreak

FEBRUARY 6, 2023

Taiwan made amendments to copyright law that outlawed piracy-configured devices. With further amendments to copyright law in the pipeline in Taiwan, authorities launced an investigation into the supply of Unblock Tech’s devices in the country. With Hollywood regularly reporting UnblockTech to the U.S. Government.

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TorrentFreak

MAY 16, 2024

A copy of a typical page is available on the Wayback Machine but, since they’re all quite long, the introduction to a page published in February can be found below. AGCOM’s order instructing Italian ISPs to unblock Giardiniblog can be found here (pdf) From: TF , for the latest news on copyright battles, piracy and more.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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