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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The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. The court found, as a matter of law, that Ross copied portions of the Westlaw headnotes.

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Copyright Infringement Copyright Fair Use Copying 123

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. Without this rule, many authors fear the UK market would be flooded with cheaper international copies.

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TorrentFreak

MAY 1, 2024

In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement. In addition, ChatGPT can recall large parts of their copyright-protected articles, which effectively bypasses their paywalls. The plaintiffs show that ChatGPT can reproduce content from copyrighted news articles when prompted.

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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.

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Fair Use Copyright Infringement Copyright Copying 114

Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. Price: $9.99. * Print-on-demand hard copy from Amazon. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought.

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TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. 2022 Notorious Markets Review Yesterday, the USTR published its 2022 Review of Notorious Markets.

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Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . Copyright Office. The payment beyond excessive.

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Copyright Non-Fungible Tokens Technology Plagiarism 237

Plagiarism Today

OCTOBER 26, 2021

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes. Copyright and Halloween Costumes. Copyright Office. However, copyright is only half the picture.

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43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.

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Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

NOVEMBER 21, 2023

This is another preliminary ruling in the copyright battle over generative AI. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’ overclaims. The post Facebook’s LLaMa Defeats Copyright Claims–Kadrey v. The complaint.

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Derivative Work Copyright Copyright Law Copying 101

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. ” Independently (?)

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Intellectual Property Law Blog

APRIL 12, 2023

Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. And the image may impact the market for images.

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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 117

TorrentFreak

SEPTEMBER 15, 2023

Majors Publishers File Copyright Complaint Against Libgen According to a copyright lawsuit filed in the U.S. “This collection consists of over 6 million files that include illegal copies of works from a diverse cross-section of the publishing industry. “[T]he Sites undermine the very purpose of U.S.

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LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces. Trade dress is not intrinsically protectable. Trendily appealed.

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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. A magistrate judge recommended dismissing Tomelleri’s copyright claims. That only works if the users and vendors can tolerate that legal risk. The supervising judge agrees.

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TorrentFreak

JANUARY 4, 2022

Despite a reported development and marketing budget in excess of $100m, Genshin Impact is free to play but is monetized via gacha game mechanics. This is the type of behavior that has attracted copyright infringement lawsuits in the past but in this case, the makers of Genshin XYZ are using copyright law to prevent piracy of their product.

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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. He sues for copyright infringement and claims damages. The Safarov case In 2009, Safarov authors a book.

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Copyright Lately

OCTOBER 2, 2023

While a flurry of AI copyright lawsuits from prominent authors and artists grab headlines, another case has quietly taken something more important: a head start. This means that a jury could weigh in on some of the thorniest copyright questions involving artificial intelligence as early as May 2024. Thomson Reuters v.

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Fair Use Copyright Copying Copyright Infringement 98

Technology & Marketing Law Blog

JULY 4, 2022

This case involves copyright protection for fireworks systems–a relevant topic for July 4th! Pyrotechnics registered a copyright in its protocol and sued FireTek for copyright infringement. ” Pyrotechnics’ copyright registration then starts to fall apart. .”

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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. How Do Different Departments Use the Annual Copyright License?

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Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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Copyright Fair Use Social Media Artwork 80

TorrentFreak

FEBRUARY 18, 2022

In its yearly “Out-of-Cycle Review of Notorious Markets”, the United States Trade Representative (USTR) lists a few dozen websites said to be involved in piracy or counterfeiting. The overview is largely based on input from copyright industry groups, including the RIAA and MPA, that submitted their recommendations late last year.

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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.

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Publishing Copyright Fair Use Intellectual Property Law 141

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.

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Copying IP Copyright Law Designs 97

TorrentFreak

OCTOBER 4, 2023

The company was founded in 2009 and today boasts 16 million active monthly streaming users, making Plex a serious market player. In an apparent attempt to stop widespread copyright infringement, the service announced that it would ban servers hosted at Hetzner, as these are frequently linked to terms of service violations.

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Copyright Infringement Copyright Copying Licensing 100

IP Tech Blog

MAY 15, 2023

Enter copyright. It appears that the beat and lyrics (sung with an AI trained on Drake) were original to Ghostwriter977, but the songwriter inadvertently left in a small snippet of copyrighted music belonging to UMG in the form of a “producer tag.” This is like a watermark that a producer can place in their song to detect copying.

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TorrentFreak

OCTOBER 17, 2022

From a copyright perspective, AI can bring up some interesting questions. For example, can content created by an AI be copyrighted like any other work? Or perhaps AI can infringe copyrights held by others? Unauthorized Copies and Derivatives. From: TF , for the latest news on copyright battles, piracy and more.

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Velocity of Content

OCTOBER 19, 2023

On this day in 1976, President Gerald Ford signed the “new” US Copyright Act. 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.

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TorrentFreak

DECEMBER 3, 2023

Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. Dismissal, Hacking and Arbitration Last year, U.S.

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The IPKat

OCTOBER 27, 2021

Kat friend Hans Eriksson discusses an interesting decision (only available in Swedish) concerning copyright protection and originality, namely whether the sequence of twenty words in an instruction manual may be regarded as being enough for copyright to arise. Remaining hooks are evenly distributed over the roof.”

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SpicyIP

FEBRUARY 7, 2024

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? The brand’s popularity has been equally accompanied by a rather notable history of involvement in copyright litigations (discussed here , here , here , and here ). image below). Glass Half-Full, Half-Empty?

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43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. McCleese registered copyrights for his photos in 2019.

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Copying False Advertising Social Media Advertising 64

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

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Kluwer Copyright Blog

APRIL 3, 2024

These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. By the time of trial, Lidl’s copyright claim was that the CCP Signs infringed the copyright subsisting in the Mark with Text shown below.

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Copyright Infringement Copyright Copying Artistic Work 60

Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? “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 appellate court revives the claim.

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