Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

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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.

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Velocity of Content

OCTOBER 19, 2023

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. Nation Enterprises.

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Velocity of Content

JULY 14, 2023

Meta , the parent company of Facebook , and OpenAI , creators of ChatGPT , are facing numerous copyright infringement lawsuits from authors and artists. AI-generated materials also hold the potential to flood the markets, and inevitably lower the value of human authored works.”

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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. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market. Implications.

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. Costs Versus Benefits of Copyright Protection. 29, 2013), [link]. [ii] 277 (2020). [iv]

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LexBlog IP

JULY 24, 2023

Specifically, the lawsuit against Meta cites the company’s own research paper “ LLaMA: Open and Efficient Foundation Language Models ” published in February 2023, which explains the large-language model Meta uses to train its chatbots. One hurdle plaintiffs may struggle to overcome is the 2 nd Circuit Court’s decision in Authors Guild v.

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Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

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TorrentFreak

MAY 1, 2024

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. In the United States, the existence of a loophole in copyright law had been an open secret for some time. But in this case, apparently not. “M.D., in restitution.

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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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IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. In 1991, Wofsy, with permission from Picasso’s estate , published De Fontrbrune’s images in “The Picasso Project”.

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Technology & Marketing Law Blog

MAY 17, 2024

It lost for two reasons: one grounded in contract law and the other external. First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. The First Amendment would not have helped Bright Data.

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Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. * UMG Recordings, Inc. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement.

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Patently-O

MAY 9, 2024

2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 507(b)’s requirement that copyright infringement lawsuits be “commenced within three years after the claim accrued,” a discovery rule has long been considered applicable in copyright cases.

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Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. It’s a creative photo, but it was published. Market Effect. Third, if the jury finds copyright infringement, ordinarily a permanent injunction would follow.

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IPilogue

NOVEMBER 10, 2021

DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. DBrand is apparently aware of Sony’s efforts to suppress these custom products, as they marketed their Darkplates with the tagline “Go ahead, sue us.” .

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SpicyIP

JUNE 26, 2023

Swaraj announced the new initiative to discuss the history of IP law on the blog and kickstarted this with informative posts from Shivam Kaushik on Indian copyright history and its entanglement with Berne Convention. Year 1958 and Government’s “Nadir-shahi Firman” Over Copyright Infringement! Bhagga And Ors.

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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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IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. A concept is not protected by copyright. Introduction.

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TorrentFreak

DECEMBER 24, 2023

. “This is a collaboration of like minded corporate Industry associations and individual right holders to help fight piracy,” the Copyright Board added. This WeCast product was marketed towards the hotel market at some point but regardless of location or content, functionality doesn’t change.

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Patently-O

FEBRUARY 20, 2024

While a laches issue was at the heart of this ruling, the Second Circuit adopted this rule for all copyright infringement cases. The unsatisfying conclusion here is when combined with the discovery accrual rule a copyright holder could have a timely infringement claim but not be eligible for relief. See 38 U.S.

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LexBlog IP

MARCH 7, 2022

However, as the platform becomes more popular, it opens its doors to a multitude of legal challenges with copyright infringement near the top of the list. TikTok’s intellectual property issues arise largely from the music and choreography on the platform, despite their attempts to mitigate copyright infringement.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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TorrentFreak

SEPTEMBER 20, 2021

The American copyright industry generates billions of dollars in annual revenue and is generally seen as one of the primary export products. Whether it’s movies, music, software or other goods, US companies are among the market leaders. In addition, the maximum punitive damages for copyright infringers in China was increased ten-fold.

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Canadian Intellectual Property Blog

OCTOBER 13, 2021

Hendley”), and his publisher, James Lorimer & Company Ltd., the defendants, for copyright infringement. In 1954, Mr. Kelley published a book called The Black Donnellys , which was published and sold as a nonfictional account of a notorious family from Lucan, Ontario. Kelley”) sued author, Nate Hendley (“Mr.

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SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

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TorrentFreak

NOVEMBER 13, 2022

For owners of devices set for the market or even sitting at home, Anatel has just issued a reminder that illegal set-top boxes are punishable with a fine. It appears that an 18-month period ending December 31, 2021, returned the best results before seizures completely leveled off in the first half of 2022.

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TorrentFreak

FEBRUARY 28, 2022

As a result, the company was accused of contributory and vicarious copyright infringement alongside calls for an injunction. A new lawsuit filed against DataCamp in the United States makes similar copyright infringement allegations. Pirate IPTV Services Used DataCamp. Code § 501.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

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TorrentFreak

FEBRUARY 6, 2023

For the past several years, Chinese-manufactured Ubox IPTV boxes have flooded the market in Taiwan. Taiwan made amendments to copyright law that outlawed piracy-configured devices. Unsurprisingly, that did little to stop the flow or prevent China-based manufacturer Unblock Tech carrying on regardless.

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Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.).

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