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 75

Copyright Law Law Copyright Copying 75

Kluwer Copyright Blog

OCTOBER 3, 2023

2000) (“ copying an entire work militates against a finding of fair use. ”). The defendants to be required to implement, maintain, regularly review and revise as necessary a threat management program designed to appropriately monitor the defendants’ information networks for threats. 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

Fair Use 136

Fair Use Privacy Copyright Technology 136

TorrentFreak

NOVEMBER 21, 2022

” These messages were designed to instill fear and uncertainty but didn’t lead to any notable action against those who viewed them. A copy letter obtained by Iilsole24ore identifies the send as the Nucleo Speciale Tutela Privacy e Frodi Tecnologiche , a Guardia di Finanza unit specializing in IT-related crime.

Copying 124

Copying Privacy Copyright Infringement Copyright 124

SpicyIP

JANUARY 23, 2023

In a hard hitting guest post , Sandeep K Rathod, critiques key aspects of the report. Aside from issues around methodology and scope, he points out that the comparative assessment by the report was undertaken by comparing the practices of India with that of developed countries, highlighting that such a comparison is not a ‘like-to-like’ one.

Designs 105

Designs Design Invention Registration 105

SpicyIP

AUGUST 8, 2021

In the interim order, it was found that there is a prima facie case to uphold the petitioner’s RTBF, based on (1) the protection of his right to privacy and reputation both online and offline, and (2) providing an acquitted person the right to have their name redacted and stop being identified as an accused person. News from India.

Privacy 105

Privacy Journalism Inventor Music 105

Intepat

JANUARY 25, 2024

A key player in this arena is Digital Rights Management (DRM), a technological solution designed to prevent unauthorized redistribution of digital media and uphold the copyright policies of streaming platforms. These constraints could include prohibiting copying or limiting playback to specified devices or regions.

Technology 52

Technology Copyright Fair Use Intellectual Property 52

TorrentFreak

JULY 13, 2023

Pirate site brands, including 123movies, Putlocker, Kisscartoon, 123movieshub, and GoMovies, were suddenly recognized all over the world, despite in many cases having been copied from ‘pirate’ brands already in existence. With over 205 million monthly visits, ACE had a clear goal in mind for the giant pirate site.

Branding 85

Branding Brands Branding Registration 85

IP Tech Blog

JULY 18, 2023

And it couldn’t have come at a better time—according to a recent report from Goldman Sachs, AI is putting 44% of legal jobs at risk. Other considerations for legal professionals abound, privacy being salient among them. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz.

Business 52

Business Law Social Media Reporting 52

SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Thus, there is no question of invasion of privacy or personal information of a third party being sought.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. [Sorry it’s take me this long to get this blog post off my desk.

Designs 78

Designs Design Privacy Business 78

TorrentFreak

SEPTEMBER 15, 2021

As we reported back in July, various movie companies known for demanding cash settlements have been massing under a legal partnership called FACT Administration LLP , which has direct connections to the Federation Against Copyright Theft. We take the privacy and security of our customers’ data very seriously.

Settlement 98

Settlement Copyright IP Reporting 98

TorrentFreak

FEBRUARY 15, 2022

When sales are replaced by pirated copies, authors earn a lot less. It has removed billions of reported infringing links and since 2012 has been downranking pirate sites, something that hit torrent portals particularly hard. Whois Privacy Corp., No that the company doesn’t take action, however. and NameCheap, Inc.,

Social Media 102

Social Media Publishing Copyright Law Copyright 102

LexBlog IP

NOVEMBER 15, 2021

District Judge Jed Rakoff rejected the “server test” from the 9th Circuit Court of Appeals , which generally holds that embedding content from a third party’s social media account only violates the content owner’s copyright if a copy is stored on the defendant’s servers.

Social Media 52

Social Media Copyright Infringement Copyright Copying 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 136

Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Hawks. * New(ish) Report on 512 Takedown Notices. * Can 512(f) Support an Injunction?

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

The IPKat

APRIL 25, 2024

There have been reports on international developments, including on the US Copyright Office refusals to register AI-generated works [ here and here ] , alongside developments in the EU , China , Czechia and France. Does UK copyright law protection extend to computer-generated works which are not original?

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

43(B)log

FEBRUARY 18, 2022

Celebrities may collaborate on designing the product. Glynn Lunney: Examples in the US seem to fall under common regimes—what about where the law clearly doesn’t cover the use, such as use of a photo on the cover of a magazine when there’s reporting about the subject. Was there no overlap at all? 2) Stable, predictable, coherent.

Fair Use 59

Fair Use Contracts Litigation Copying 59

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Cloudflare, Alissa Starzak: Tech measures used by platforms do not work for infrastructure providers and could have profound impacts on privacy and security.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

FEBRUARY 25, 2023

These surveys are now designed to suppress that uncertainty and not let it appear in the courtroom b/c we just want numbers. People are notoriously bad at reporting on their own mental processes and that’s what we’re asking them to do. Does a link to a privacy policy provide effective notice? Most people are not really sure!

Trademark 72

Trademark Marketing Marketing Advertising 72

Technology & Marketing Law Blog

JANUARY 13, 2024

Guardian : Australia will not force adult websites to bring in age verification due to privacy and security concerns US * California AB-1394 : Commercial sexual exploitation: child sexual abuse material: civil actions: (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2)

Social Media 67

Social Media Reporting Designs Design 67

Technology & Marketing Law Blog

AUGUST 11, 2023

The next paragraph “encourage[d]” Mr. Sadlock to “review the updated Subscriber Agreement in full and save a copy for your files. Bleacher Report, Inc. , No. Bleacher Report invokes the class action waiver in its TOS, which it purportedly added by amendment. Bleacher Report should have kept its own evidence.

Contracts 71

Contracts Law Reporting Blogging 71

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

As state legislatures continue to copy “protect kids online” laws that were struck down decades ago, unsurprisingly they are getting the same (negative) results. But, the Act exempts Google, WhatsApp, Omegle, and Snapchat—the sites with the third-, fourth-, fifth-, and sixth-highest numbers of reports.

Social Media 124

Social Media Privacy Law Government 124