LexBlog IP

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. 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. Posting copyrighted images or photos on your website or social media.

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Copyright Infringement Copyright Social Media Fair Use 52

43(B)log

DECEMBER 14, 2023

61, 2023 Abstract To prove copyright infringement, a plaintiff must convince a jury that the defendant copied from the plaintiff’s work rather than independently creating it. Until that knowledge is available, testimony about the probability of copying should be deemed inadmissible under Federal Rule of Evidence 702.

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Copying Music Copyright Infringement Art 64

Copyright Lately

MARCH 16, 2022

The currently-unidentified students are accused of uploading copyrighted exam questions to Course Hero in order to cheat during tests. How about being liable to your professor for willful copyright infringement damages of up to $300,000? Copyright Office. Exam Questions and Copyright. Failing the class?

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Copyright Infringement Copyright Copying Business 78

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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Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

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Copyright Copyright Law Business Intellectual Property 113

The IP Law Blog

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

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Copyright Infringement Copyright Copying Art 98

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. This case was dismissed in June 2023 in an order by Judge Sykes, for failure to plead copying – primarily for lack of 'access'. Secondly, in New York, from L.

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Copyright Infringement Music Copyright Contracts 52

IP and Legal Filings

MAY 13, 2024

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use.

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LexBlog IP

NOVEMBER 17, 2023

and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic. ABCKO Music, Inc.,

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Music Copyright Infringement Publishing Copyright 52

LexBlog IP

DECEMBER 15, 2021

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Can you get a licensing fee as fair market value for actual damages for the copyright infringement?

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Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books.

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Fair Use Copyright Moral Rights Copyright Law 137

The IPKat

AUGUST 11, 2021

IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. 3(1) of the Copyright Directive ).

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Copyright Infringement Copyright Due Diligence Social Media 145

Velocity of Content

JANUARY 9, 2024

One area that often gets overlooked in the outsourcing and collaboration process is how to manage copyright compliance and the associated risks of non-compliance. While smaller companies without a librarian or information specialist onboard may be unaware of their obligations under copyright law, their lack of knowledge won’t help them. 

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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. Another developer was working on an alternative version written in Windows Presentation Foundation (WPF). It was the WPF version that PQ decided to pursue.

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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. 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. But the court ruled that the font had not been copied Article L.122-4

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Copying Copyright Infringement Copyright Law Copyright 52

TorrentFreak

APRIL 13, 2023

Last summer, the US Copyright Claims Board (CCB) officially launched. Through this Copyright Office-hosted venue, rightsholders can try to recoup alleged damages outside the federal court system. Many of the cases that have been submitted thus far are filed against direct infringers. ” Refile and Repeat?

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Copyright Copyright Infringement Plagiarism Copying 130

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. The case may also serve as a cautionary tale when historical source material is used as the inspiration for an entertainment project.

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Copyright Copyright Infringement Social Media Licensing 91

BYU Copyright Blog

JULY 10, 2023

Chavers (“Chavers”) filed a Complaint against Howard University (“Howard University” or “Howard” or the “University”) for copyright infringement.According to his complaint Chavers is a nationally renowned "Preeminent AV Rated" attorney and leader in the fields of arts & entertainment law and civil rights, corporate diversity, and inclusion.

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Copyright Infringement Copyright Art Copying 40

Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

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IP and Legal Filings

JUNE 12, 2023

Image Sources : Shutterstock] It is a general principle that no copyright lies in ideas, subject-matter, themes, movie plots till the expression of the same are different. If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. In the case of Pepsi Co v. s commercial.

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Copyright Law Copyright Law Copyright Infringement 83

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

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IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis.

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LexBlog IP

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

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. The Indian courts have further clarified this issue.

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Personality Rights IP Licensing Copyright 59

The IPKat

NOVEMBER 22, 2021

, this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre. And who poses moral rights in the work?

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Copyright Law Moral Rights Copyright Law 145

The IPKat

SEPTEMBER 4, 2022

The copy was subsequently removed from the NGO’s website at Safarov’s request. He claimed that that country’s failure to ensure the peaceful enjoyment of his possessions, that is: his copyright due to the unauthorized reproduction and online publication of his work, breached his human right to the peaceful enjoyment of his IP.

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TorrentFreak

MARCH 30, 2022

Copyright holders would either sue alleged file-sharers or the operators of pirate sites. While running a VPN doesn’t equal copyright infringement, the movie companies accused the service of encouraging and facilitating piracy. A few years ago piracy-related lawsuits were pretty straightforward. Millions in Damages.

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Copyright Copyright Infringement Trademark Copying 134

Plagiarism Today

JULY 8, 2021

Users coding in GitHub can be presented blocks of code to solve specific problems that they are trying to solve. She says that text and data mining is not a copyright infringement and that, since an AI cannot produce a copyright-protected work, its output cannot be an infringement. Is it identical? Bottom Line.

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Copyright Fair Use Copyright Infringement Copying 201

LexBlog IP

MARCH 19, 2024

In our previous newsletter here , we reported a decision from the Beijing Internet Court ruling that the copyright of a portrait generated by an artificial intelligence (“AI”) program is owned by the user who “controlled meticulously” the parameters for creating the image.

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Copyright Copyright Infringement Intellectual Property Copying 52

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. ” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?”

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Fair Use Copyright Copying Copyright Infringement 94

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

MAY 22, 2024

Three years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. The original complaint failed to provide sufficient evidence for a plausible claim that the ‘Destiny 2 Hacks’ infringed copyright.

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Copyright Infringement Copyright Copying Settlement 88

Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Copying-in-Fact.

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Copyright Artwork Copying Social Media 91

Plagiarism Today

NOVEMBER 17, 2021

1: Miramax Hits Tarantino With Copyright Suit on ‘Pulp Fiction’ NFTs. First off today, Samantha Handler at Bloomberg Law reports that the film studio Mirimax has filed a copyright infringement lawsuit against director Quentin Tarantino over Tarantino’s plans to release of Non-Fungible Tokens (NFTs) related to the film Pulp Fiction.

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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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Copyright Fair Use Copyright Law Law 137

TorrentFreak

APRIL 2, 2024

Online piracy continues to present massive challenges for the entertainment industries. For roughly a quarter-century, rightsholders have sent copyright infringement notices to ISPs, informing them about alleged copyright infringements carried out by subscribers.

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Music Social Media Copyright Infringement Copyright 87

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. In this case, the video game publishers are the copyright holders for the video games in the entire EU and EEA.

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