Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. If I counted editions, this would be the 12th edition. The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. Primer on the Copyright Claims Board (CCB).

Editing 145

Editing Law Privacy Contracts 145

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. AI additionally possesses no copyright on the material that it generates.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

Copyright 114

Copyright Fair Use Copying Publishing 114

Kluwer Copyright Blog

MAY 13, 2024

overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2) 3(2) of the Copyright Designs and Patents Act 1988 (the “ Act ”).

Copyright 112

Copyright Copying Law Editing 112

Erik K Pelton

APRIL 10, 2023

The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. I want to apply that to copyright registration Who can register a copyright? It is the owner of the work who generally would register a copyright.

Registration 162

Registration Copyright Intellectual Property Editing 162

Plagiarism Today

JANUARY 19, 2022

1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest. The rule, entitled copyright exhaustion, places limits on the import of international editions of books. The rule, entitled copyright exhaustion, places limits on the import of international editions of books.

Copyright 198

Copyright Copyright Law Publishing Copyright Infringement 198

TorrentFreak

NOVEMBER 18, 2021

In the summer we reported on an unusual situation in Japan where copyright holders felt that the rise of so-called ‘fast movies’ represented a threat to their business. ‘Fast movies’ are essentially heavily edited copies of feature-length films that tell the entire story in just a few minutes.

Editing 128

Editing Copyright Copyright Infringement Fair Use 128

Kluwer Copyright Blog

APRIL 4, 2023

Image by C Dustin via Unsplash Despite the increasing use of streaming services, where media content is not stored on local devices, but merely accessed online, the private copying exception (Art 5(2)(b) InfoSoc Directive) remains at the center of European jurisprudence. Austrian Copyright Act, “UrhG”). In the Austro-Mechana v.

Copying 66

Copying Art Marketing Marketing 66

TorrentFreak

DECEMBER 18, 2023

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.

Fair Use 114

Fair Use Copyright Infringement Copyright Copying 114

TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” When he copied and then rebroadcast the news report, that was copyright infringement. Acuff-Rose Music, Inc.

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

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).

Copyright 120

Copyright Artwork Moral Rights Non-Fungible Tokens 120

TorrentFreak

MARCH 25, 2024

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.

Publishing 141

Publishing Copyright Fair Use Intellectual Property Law 141

Velocity of Content

AUGUST 16, 2021

Already, the government is considering post-Brexit changes to copyright that authors and publishers fear may hit them hard. Essentially, exhaustion of IP rights is a limit on the control that copyright holders and others have over physical distribution of their works, such as books, in markets around the world.

Publishing 98

Publishing Copyright Editing Intellectual Property 98

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 74

Copyright Law Law Copyright Copying 74

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.

Copyright Law 74

Copyright Law Law Copyright Copying 74

IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. What Is Copyright? They must not be used by anyone other than the artist himself.

Designs 90

Designs Design Copyright Copyright Infringement 90

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted.

Copying 97

Copying IP Copyright Law Designs 97

TorrentFreak

JUNE 21, 2022

Last Thursday, the US Copyright Claims Board went live. Through this venue, hosted at the Copyright Office, copyright holders can try to recoup alleged damages outside the federal court system. The Copyright Claims Board put several safeguards in place to prevent this, but it’s certainly worth keeping an eye on.

Copyright 141

Copyright Social Media Editing Copyright Infringement 141

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). The decision reframes traditional teaching pedagogies by considering the artist and owner rights under copyright law.

Copyright 131

Copyright Copying Fair Use Editing 131

The IPKat

AUGUST 24, 2021

This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law and co-directs the Art, Business and Law LLM developed with the Centre for Commercial Law Studies at Queen Mary University of London.

Art 98

Art Copyright Editing Publishing 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

Plagiarism Today

JANUARY 18, 2022

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. Last year, the group spent €2.66

Copying 337

Copying Moral Rights Copyright Registration 337

IP Intelligence

AUGUST 15, 2023

copyright law protects human-authored expression, not works generated purely by generative AI. When a human author uses generative AI tools to create their work, the scope of copyright protection extends to the human-authored aspects of the work, not the AI-generated material within that work. 88 FR 16190. See, e.g. , SAS Institute v.

Registration 52

Registration Copyright Copying Editing 52

Kluwer Copyright Blog

DECEMBER 8, 2021

In a previous post on this Blog, we analysed the EU case law relating to the emerging services of Cloud Service Providers ( C-265/16 , V-CAST), as well as the impact of the new EU Directive on copyright in the Digital Single Market (CDSM). The Austro-Mechana case and the right to claim private copying levy.

Copying 60

Copying Copyright Law Copyright Law 60

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.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Plagiarism Today

NOVEMBER 18, 2021

First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement. 2: YouTubers Who Uploaded Movie Edits Receive Suspended Prison Sentences. million Yen ($30,600) fine.

Fair Use 206

Fair Use Plagiarism Editing Copyright Infringement 206

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. UIRC obtained copyright registrations for two versions of its documents. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC).

Copyright 47

Copyright Copying Copyright Infringement Editing 47

Kluwer Copyright Blog

DECEMBER 5, 2022

Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications. Part 2 discusses the relevant copyright exceptions and limitations that interfere with the development of AR experiences. Copyright implications of AR in the cultural heritage sector.

Copyright 103

Copyright Public Domain Art Moral Rights 103

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Yet the Act does not define what “original” clearly means.

Copyright 88

Copyright Public Domain Copying Publishing 88

The IPKat

NOVEMBER 30, 2023

The GUIs at issue in THJ What does originality in copyright law mean? Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). This is an evergreen – yet still vexed – question.

Copyright Law 97

Copyright Law Copyright Law Copying 97

Kluwer Copyright Blog

OCTOBER 28, 2021

De minimis analysis involves the substantiality of the copying, not the use to which the infringing work is put; by definition, wholesale copying of a protected work cannot be de minimis copying. Intellectual Property Law in China, 2nd edition. Wilmott Storage Services, LLC, September 9, 2021, Wardlaw, K.).

Copyright 52

Copyright Intellectual Property Law Copying Copyright Infringement 52

SpicyIP

NOVEMBER 26, 2022

We’re pleased to bring you a guest post by Kartik Sharma and Aditya Singh, analysing copyrightability of datasets in light of the recent controversy surrounding NSE’s issuance of C&D notices to many stock gaming apps. Copyrighting The Uncopyrightable – The NSE Saga. Kartik Sharma and Aditya Singh. MODICUM OF CREATIVITY.

Copyright 105

Copyright Cease and Desist Copyright Law Copying 105

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final 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 rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.)

Copyright Law 115

Copyright Law Copyright Law Reporting 115

TorrentFreak

MAY 9, 2022

Most copyright infringement lawsuits filed by the recording industry are aimed at sites, services and individuals involved in the unlicensed online distribution of music. During the operating period the 37-year-old man (who isn’t named by the court) did not seek permission from copyright holders to reproduce and distribute lyrics.

Copyright Infringement 87

Copyright Infringement Copyright Music Editing 87

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

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. You can read a first take on the copyright relevant provisions here. Photo by Markus Spiske on Unsplash Dear readers, Happy new year!

Copyright Law 72

Copyright Law Law Copyright Reporting 72

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

Public Domain 129

Public Domain Artwork Copyright Marketing 129