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

Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

PDF copy available. In December 2020, the Board designated as precedential Sotera Wireless, Inc. Following its designation of Sotera as precedential, the Board has continued to look favorably upon stipulations of equally restrictive scope. Masimo Corporation. The broad range of stipulations. For example, in Ocado Group PLC v.

Art 88

Art Journalism IP Litigation 88

TorrentFreak

JULY 17, 2022

The Internet is rife with examples of top designers who started with a piece of pirated software, mastered their skills, and went on to become a professional. A new paper published in the Balkan Journal of Social Sciences tries to provide some insight into the matter. This raises the question: can software piracy mitigate poverty?

Journalism 145

Journalism Editing Copying Copyright 145

Patently-O

FEBRUARY 20, 2022

Recent Headlines in the IP World: Ludwig Burger: BioNTech Says It Won’t Challenge Vaccine Copying in Africa (Source: CTV News). Commentary and Journal Articles: Prof. Silbey: Investigating Design (Source: SSRN). Stephen Warwick: Apple and Ericsson’s Massive Patent Dispute is Going to Trial Next Year (Source: iMore).

Patent Troll 52

Patent Troll Patent Journalism Patent Application 52

Velocity of Content

DECEMBER 14, 2023

After all, many kinds of published literature, including news, blogs, books, journals, and standards — including the organizations’ own materials — are protected by copyright laws that place limits on how content can be used by others without the rightsholder’s permission.

Licensing 98

Licensing Copyright Publishing Journalism 98

Michael Geist

OCTOBER 3, 2022

I have spoken positively about the government’s tax-focused programs and would back mechanisms that bring even greater support, perhaps through the establishment of contribution to funds that in turn support journalism. If Google or Facebook copied and distributed full articles, I could understand the arguments around compensation.

Journalism 90

Journalism Law Government Copyright Law 90

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. In fact, although most battery patents relate to technical features of a battery, a recent lawsuit related to design patents addresses a specific visual battery pack housing. The Wall Street Journal , Feb. through enforcement at the ITC). Gold, Russell, and Ben Foldy, “The Battery Is Ready to Power the World.”

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

TorrentFreak

SEPTEMBER 8, 2021

In 2015, The Publishers Association, a UK organization supporting members producing digital and print books, research journals and educational resources, broke new ground by becoming the first entity in the UK to use Section 97A of the Copyright, Designs and Patents Act 1988 to obtain blocking measures.

Publishing 114

Publishing Journalism Reporting Designs 114

TorrentFreak

APRIL 14, 2024

BPC has not published a copy of the DMCA takedown notice, GitLab doesn’t appear to have shared it either. However, DMCA takedown notices come in more than one flavor and the ‘remove this copy of my content’ type may not even be the best fit here. There’s also the question of intent, i.e

Publishing 110

Publishing Copying Marketing Marketing 110

GDB Firm Blog

JULY 1, 2019

ACORD is an insurance industry trade group that creates forms designed to satisfy the insurance industry, not bank mortgagees or and insurance consumers. If you want legally enforceable insurance, get a copy of the insurance policy or a legally enforceable binder issued by the insurance company or a duly authorized agent.

Journalism 40

Journalism Publishing Law Business 40

Patently-O

AUGUST 31, 2021

There apparently is no claim of copying of any lines of software, but instead it is copying of the functionality and use of the particular coding language. My understanding is that WPL designed its software so that its software would execute the same input-procedure used on SAS and produce an equivalent output. 1119 (1986).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Dragons' Den

MARCH 16, 2023

The Dragons were particularly interested in this fact, because not having a patent means that others could, in theory, copy Alan’s invention. Innovation on ice This week’s episode saw former Olympic figure skater, Jenna McCorkell glide into the Den with her line of activewear specifically designed for professional figure skaters.

Due Diligence 52

Due Diligence Invention Journalism Branding 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 5] Kirsty Phillips et al., 379 (2022). [6]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

FEBRUARY 26, 2023

“ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. In ancient Rome, brick makers stamped their bricks with a mark or symbol to identify their work and prevent others from copying it.

Trademark 52

Trademark Designs Design Journalism 52

IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. . The previously copyrighted works enter the public domain, free to use and copy. In 2022, A.

Public Domain 106

Public Domain Intellectual Property Copyright Social Media 106

Velocity of Content

JUNE 15, 2022

Fox News had been launched two years earlier; and the Wall Street Journal had begun charging $50 per year for subscription access to its online edition. The most common example of a market-available STM at the time the DMCA was passed was Macrovision , a mechanical means of impeding VHS-to-VHS (videotape) copying.

Copyright 98

Copyright Government Designs Design 98

IIPRD

FEBRUARY 16, 2024

IP can be found in the chassis of cars, uniforms, merchandise, various engineering and designing equipment, television broadcasting, and most importantly, carefully hidden trade secrets. In this constantly developing arena, F1 teams must go to great lengths to protect their technology and design secrets,’ which cost them a large sum.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

SpicyIP

AUGUST 8, 2021

Call for Abstracts: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31]. We informed our readers that the National Law Institute University (NLIU), Bhopal has recently established the International Trade Law Journal and is inviting abstracts for papers for the inaugural issue of the same.

Privacy 105

Privacy Journalism Inventor Music 105

TorrentFreak

MARCH 11, 2024

ASPAC also filed an access to information request through which it hoped to obtain “copies of all documents involving the MPA and the use of the Ether platform.” ASPAC further alleged that the deal should’ve been published in the Diário Oficial da União , the official journal of the federal government of Brazil.

Cinema 82

Cinema Reporting Copyright Government 82

Technology & Marketing Law Blog

FEBRUARY 12, 2024

“IJR copied a significant percentage of the Photo in its article, and it only cropped out the negative space while keeping the Photo’s expressive features, or the ‘heart’ of the work.” The ridiculously low economic stakes of this case are what the CCB was designed to handle. Independent Journal Review , No.

Fair Use 89

Fair Use Licensing Copyright Marketing 89

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. It is introduced with intension to correct the market failure which presumes that allowing the author’s work to be copied freely discourages the author to create, innovate or invest.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. Museu do Azulejo by G.P. Copyright Code still regulates all the permitted uses of protected works and other subject matter, while Art.

Art 103

Art Contracts Publishing Licensing 103

TorrentFreak

OCTOBER 10, 2022

A memorandum of understanding signed two years ago by ODG and government law enforcement agency Guardia di Finanza was designed to send another message on behalf of its members; journalism plays a key role in democracy and pirates shouldn’t be allowed to undermine either. Latest Response From Specialist IT Unit.

Advertising 125

Advertising Advertising Cinema Copyright Infringement 125

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. Most voice model files are actually quite small.)

Music 85

Music Copyright Copying Copyright Law 85

Kluwer Copyright Blog

JUNE 7, 2023

She stares into the abyss of a copy-paste kitsch world ”. The requirement of alteration does not preclude a complete adoption of the original, but may also be achieved by adding further elements or integrating it into a new design or context. No, thank you! The court emphasizes that Sect.

Copyright 113

Copyright Art Copyright Law Law 113

SpicyIP

NOVEMBER 15, 2022

Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte. Mahindra Roxor can face a permanent ban in the USA over design infringement. Image from here.

Trademark 105

Trademark Patent Copyright Designs 105

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

LexBlog IP

JANUARY 25, 2023

” [1] The article, published in the Journal of Law and the Biosciences, examines whether patent thickets covering biological drugs are responsible for delayed biosimilar market entry. Biosimilars are copies of biological drugs that are approved by the FDA based on demonstrating high similarity to an FDA‐approved originator drug.

Patent 52

Patent Branding Brands Branding 52

Kluwer Copyright Blog

MARCH 14, 2024

In a case which involves the question of copyright protection of the USM Haller furniture design the BGH referred several questions to the CJEU in December 2023 to clarify the requirements for protection of applied art under EU law. Parts of this article were first published in the law journal Auteur & Media 2023 (Larcier Intercentia).

Law 63

Law Music Copyright Art 63

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work. More from our authors: Law of Raw Data.

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Mere skilled craftsmanship, using formal design elements based on the theories of harmony, rhythm and melody was, however, not able to enjoy copyright protection. Moreover, an individual product of effort eligible for protection could arise from the manner in which the various instruments were used. 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C. . §202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form.

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

JULY 20, 2023

He conducted no studies or research , led/participated in no clinical trials , and published no academic papers in any peer-reviewed journal. Publications “designed to convey the point that consumption of a particular product [will convey a health benefit] are clearly likely to induce the purchase of that product.”

Government 52

Government Advertising Advertising Social Media 52

LexBlog IP

JULY 21, 2021

” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). Yet just like the recipe, the Sequence remains unprotectable as a process the design of which primarily reflects function, not expression. Compendium, at Section 313.2 ]. copyright law.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €

Contracts 98

Contracts Copyright Law Cease and Desist 98