Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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The IPKat

NOVEMBER 11, 2022

You may not love Asian carp, but you will hopefully love copi (and will give the fish a try at your favorite restaurant, thereby preventing ecological disaster). The maligned variety is referred to as European carp, but there is also an Asian carp. Focus groups described copi as 'cute' and 'manageable'. See also choosecopi.com.

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Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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Plagiarism Today

NOVEMBER 7, 2022

Earlier today, video game critic and prominent YouTuber James Stephanie Sterling posted a video calling out a marketing firm working for Activision Blizzard in the run-up to the release of Call of Duty: Modern Warfare 2. . A journalist who does this is not a journalist, but another marketer for the company, and they aren’t disclosing it.

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43(B)log

FEBRUARY 21, 2024

He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.”

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TraskBritt Intellectual Property

APRIL 10, 2021

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. 18-956, 2021 U.S. Software and IP.

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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.

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Copying Copyright Law Copyright Law 60

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The American video and photo sharing social media platform Instagram has been accused of copying Snapchat.

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TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. Hard to say on the evidence thus far but Riot was clearly concerned about something.

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Copying Social Media Copyright Copyright Law 99

IP and Legal Filings

JULY 28, 2022

Every financial year, project accounts must be audited, and a copy must be provided to MahaRERA. [9]. The promoter’s marketing or prospectus must prominently display the MahaRERA website URL, where all details of the registered project as well as the registration number acquired from the Authority have been recorded.

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TorrentFreak

MARCH 18, 2024

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book. A Napster Moment?

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Publishing Fair Use Copying Music 109

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands. Seems simple right?

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Marketing Marketing Branding Brands 81

Kluwer Copyright Blog

NOVEMBER 16, 2023

Pursuant thereto, the copyright holder is no longer entitled to control the further distribution of a copy of their work after that copy had been put on the market with the rightholder’s consent. The exhaustion doctrine was conceived with physically sold hardcopies in mind. Some commentators have remarked (e.g.,

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Copyright Copying Copyright Law Marketing 91

TorrentFreak

FEBRUARY 4, 2024

The idea was to take market share away from piracy sites, by offering a legal and more convenient streaming platform. In recent years piracy started to grow again , including in well-served markets such as the United States. ” (Un)authorized Copying? Initially, this seemed to work.

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TorrentFreak

OCTOBER 17, 2022

In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well. The algorithm masters your track with the same RMS, FR, peak amplitude and stereo width as the reference song you choose,” Songmastr explains.

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Music Copyright Derivative Work Copying 135

Technology & Marketing Law Blog

MARCH 7, 2024

He assembled various collages of the images and sent copies by postal mail to Doe and “his ex-wife, his adult child, several of his neighbors, and his place of business.” Spencer appeared first on Technology & Marketing Law Blog. Spencer, the husband, came into possession of these materials via unspecified means.

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Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. Other things being equal, it is generally agreed that copy-out transpositions are preferable to elaboration, as they minimise the possibility of incorrect paraphrasing. Image by Clker-Free-Vector-Images from Pixabay. Mere facts”.

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Reporting Marketing Marketing Copyright 52

TorrentFreak

APRIL 5, 2024

Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions. The extensive evidence was noted once again and reference was made to the SEK 2,000,000 the man received in 2020.

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Reporting Marketing Marketing Copying 95

43(B)log

DECEMBER 18, 2023

Simpson’s structural connectors are specified on most construction drawings in the US; its market share is over 75%. All Simpson’s connectors, catalogs, marketing literature, and retail display materials, are clearly labeled with the “Simpson Strong-Tie” name.

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False Advertising Advertising Advertising Copyright 64

43(B)log

FEBRUARY 16, 2022

It is that functionality, and not the copying, to which Apple truly objects. To this point, Apple responds that it would rather control the market for security research on its products. Importantly, there is no Apple code in CORSEC itself, and there is also no infringement when someone downloads a copy of iOS from Apple’s site.

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Derivative Work Fair Use Copying Copyright 90

Technology & Marketing Law Blog

JANUARY 9, 2022

A recap of emoji law developments in 2021: Court References. I maintain a dataset of US court opinions that reference emojis and emoticons. Most case references are merely that–the court simply notes the presence of a symbol as part of reciting evidence in the case. Footnote: courts sometimes clearly mislabel the symbol.

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Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

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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.

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Copyright Law Law Copyright Copying 74

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020. billion in 2019.

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Reporting Intellectual Property Marketing Marketing 128

TorrentFreak

APRIL 7, 2024

Several of these services have been listed in the USTR’s overview of notorious piracy markets. After uploading a copy of TPB-AFK to the system, near-instantly it found over 2,000 matches across the dozen platforms. Whether it missed any links is unknown, of course.

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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. He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.”

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Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. Other Member States eschew a closed enumeration in favour of a general reference to related rights – implying that all related rights recognised in their national law are covered. Image by Clker-Free-Vector-Images from Pixabay.

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Kluwer Copyright Blog

JULY 27, 2022

Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Source: European Copyright Society. MS should be vigilant that the public interest and the harmonizing goal sought by Article 5 is duly satisfied.

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TorrentFreak

SEPTEMBER 8, 2023

However, the focus of the conversation was on certain devices, referred to in the interview as “ISDs, Firesticks and Android apps” and their various abilities to facilitate piracy. It has the ability to record movies in cinemas, store copies for retrieval, and then distribute them on the internet.

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IP Intellectual Property Marketing Marketing 110

TorrentFreak

NOVEMBER 5, 2021

However, there are those who have made cottage industries out of the sale of illegal copies at significantly lower prices. One such individual, a 28-year-old man from Denmark, was spotted by Rights Alliance selling copies of textbooks via DBA, Denmark’s most popular online marketplace. This had little effect.

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TorrentFreak

SEPTEMBER 15, 2023

‘Library Genesis,’ or ‘Libgen’ for short, is a group of pirate websites through which a vast array of written material is illegally copied and distributed online without any authorization, and with no remuneration to copyright holders.” “[T]he Sites undermine the very purpose of U.S.

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Copyright Infringement Publishing Copyright Copying 124

Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. ” Relatedness of goods. The litigants directly compete. Mark similarity.

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Patently-O

AUGUST 23, 2021

Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” ” Design Patent Obviousness: How to Pick a Primary Reference. In Graham v.

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Velocity of Content

DECEMBER 6, 2023

Our current AI-related offerings are focused on the corporate, research, academic and education markets. law, copying copyrighted content to train AI can state a cause of action for infringement [Citing, Thomson Reuters Enters. 2021) (downloading and copying of Westlaw database for the purpose of training AI).] 529 F.Supp.3d

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The IPKat

OCTOBER 15, 2023

The Swedish Patents and Market Court (first instance) held that the shape of the dining table was the result of the author’s own intellectual creation and therefore sufficiently original. The claim to copyright infringement prevailed and that court prohibited the Respondent from further manufacturing, marketing, and selling its dining table.

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Velocity of Content

OCTOBER 19, 2023

And one quirk: while we refer to the law as the 1976 Act, its effective date is actually January 1, 1978 (the same date that CCC opened its doors, not coincidentally). By establishing a marketable right to the use of one’s expression, copyright supplies the economic incentive to create and disseminate ideas.”

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Copyright Fair Use Copyright Law Copyright Notice 116