The IPKat

JANUARY 21, 2022

The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). The first edition was published in 1990 and it is now in its 6th edition, updated from its previous version which was published in 2015.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

The IPKat

MAY 28, 2023

Copyright infringement cases often involve works of art, literature, or design. This recent French decision gives us an opportunity to look at a rarer case, that of copyright infringement in a typeface. Mr X founded ZeAssociates to edit, publish and distribute models of typographic works and software.

Journalism 87

Journalism Copyright Copyright Infringement Intellectual Property 87

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

Kluwer Copyright Blog

MARCH 2, 2022

Readers of this blog will be familiar with the English High Court’s strong track record in issuing injunctions to compel internet service providers (“ISPs”) to block access to copyright-infringing websites. The legal basis for website blocking orders in the UK is found in Section 97A Copyright, Designs and Patents Act 1988.

Intellectual Property Law 63

Intellectual Property Law Copyright Infringement Copyright Intellectual Property 63

Kluwer Copyright Blog

MAY 13, 2024

overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2) 3(2) of the Copyright Designs and Patents Act 1988 (the “ Act ”).

Copyright 112

Copyright Copying Law Editing 112

Kluwer Copyright Blog

APRIL 24, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry , which was prepared by the authors for the World Intellectual Property Organization. These include the use of private servers (i.e.,

Copyright 60

Copyright Intellectual Property Copyright Infringement Copying 60

Kluwer Copyright Blog

APRIL 25, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry which was prepared by the authors for the World Intellectual Property Organization.

Copyright 56

Copyright Copyright Infringement Fair Use Intellectual Property 56

IP and Legal Filings

MAY 13, 2024

As a result, using AI for producing content is only eligible for an infringement of copyright if the data used by AI violates copyright. And if someone substantially edits AI-generated data and claims copyright on the edited work, they could potentially qualify for copyright protection.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

TorrentFreak

JANUARY 19, 2024

However, the most concerning aspect (copyright infringement aside) is the promotion of these scripts to people with little to no relevant experience. 2) Responsive Design with VIP membership system. The headline price of $225 is therefor less of a bargain than it first appears.

Advertising 89

Advertising Advertising Intellectual Property Editing 89

CopyrightsWorld

FEBRUARY 17, 2021

For photographers and image creators, digital photos’ infringement is a cruel reality. Copyright infringement of digital photos differs in important ways from infringement in the markets of music and movies. Watermarks can be removed with a series of photo editing software and apps. Based on statistics , 2.5

Copyright Notice 98

Copyright Notice Ownership All Rights Reserved Copyright 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. This article explores the intricate world of AI and copyright, providing insights and guidance for those at the forefront of digital content creation. Understanding the U.S.

Content Creation 52

Content Creation Copyright Graphic Design Ownership 52

Traverse Legal Blog

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. This article explores the intricate world of AI and copyright, providing insights and guidance for those at the forefront of digital content creation. Understanding the U.S.

Copyright 52

Copyright Content Creation Graphic Design Copyright Law 52

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. This article was originally edited by, and first published on, www.lexology.com. Endnotes (1) Decision No. 2916/2022.

Copying 52

Copying Copyright Law Copyright Editing 52

IP and Legal Filings

APRIL 12, 2022

In this marketplace, several artists can upload their designs and creative work which then are printed on different products. These designs are printed on products like – mugs, t-shirts, bags, stickers, stationery, housewares and wall art. Therefore, Redbubble held more control as compared to the users/ artists themselves.

Art 52

Art Trademark Copyright Copyright Infringement 52

The IPKat

DECEMBER 27, 2023

The only part edited by AA himself was ‘3d, render, cg, painting, drawing, cartoon, anime, comic: 1.2’ (highlighted above). The image generated is not a ready-made image called up by a search engine, nor is it a combination of various elements predefined by the software designer. The Court: Yes.

Copyright 118

Copyright Copyright Law Art Technology 118

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The exclusivity of exploitation is key to the success of a limited-edition collectible. The purpose of copyrights is to protect creative works, including writings, from infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law). The last license agreement between SIAE and Meta expired on 16 December 2022.

Music 98

Music Art Licensing Copyright 98

Patently-O

NOVEMBER 7, 2023

A Chinese company – Beijing Meishe Network Tech.Co. (“Meishe”) – sued TikTok for infringing its copyrights and misappropriating traded secrets associated with AV editing software. Although both companies are Chinese in origin, the plaintiffs sued in Judge Albright’s Waco Texas courtroom.

Editing 63

Editing Copyright Infringement Patent Copyright 63

SpicyIP

MAY 20, 2024

We are thrilled to announce the judges for this edition: Prof. (Dr.) SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit.

Trademark 45

Trademark Advertising Advertising Copyright 45

LexBlog IP

DECEMBER 20, 2023

The plaintiff sued for copyright infringement in May 2023. In that scenario, it is universally understood that the photographer is the author of the resulting copyright-protected photograph.

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. Claims under copyright law. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

NOVEMBER 4, 2021

The question of whether platforms make user-uploaded content available has been occupying both copyright scholars and the Court of Justice for years. Social media do not play an indispensable role, nor are news publications shared by users infringing. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

Social Media 142

Social Media Publishing Art Copying 142

Kluwer Copyright Blog

JUNE 29, 2023

Justice Mellor concluded that copyright could not subsist in the Bitcoin File Format because there was no evidence that the file format had been recorded in a manner that was identifiable. 3(2) Copyright Designs and Patents Act 1988 (the “ Act ”).

Database Right 101

Database Right Copyright Editing Copyright Infringement 101

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active.

Copyright Law 74

Copyright Law Law Copyright Copying 74

Copyright Lately

APRIL 3, 2023

This all changed in June 2020, when four of the largest book publishers (Hachette, HarperCollins, John Wiley & Sons, and Penguin Random House) filed a copyright infringement lawsuit in the Southern District of New York against Internet Archive (IA). Craigslist, circa 1999.

Fair Use 71

Fair Use Copying Publishing Copyright 71

Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. without a copyright notice.

Public Domain 84

Public Domain Copyright Copyright Notice Publishing 84

Kluwer Copyright Blog

NOVEMBER 17, 2021

That applied in particular if the product being exhibited was not ready for market but merely a prototype or design study. In 2017, the BGH had the opportunity to implement the case law of the CJEU on communication to the public in the area of links in German law, to the extent it concerned links to copyright-infringing content.

Law 52

Law Copyright Television Copyright Infringement 52

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Defendants allegedly used editing tools to compress scenes that constituted “about 70% or more of” the 2001 Documentary into minutes of footage that then appeared in the 2013 Documentary.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Kluwer Copyright Blog

DECEMBER 28, 2021

In the light of the above-mentioned results, gathered through the submission of the questionnaire and the examination of relevant studies on the national remedies against copyright infringement and the related national case-law (for instance see Campus, G. Intellectual Property Law in China, 2nd edition. and Bulayenko, O.,

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

SpicyIP

JULY 23, 2023

of the PCT Regulations, the designated office is required to reinstate rights in respect of the International Application. US Court of Appeals for the Ninth Circuit finds that Instagram is not liable for copyright infringement when images are embedded on third party websites.

Trademark 98

Trademark IP Higher Education Moral Rights 98

SpicyIP

AUGUST 8, 2021

Call for Abstracts: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31]. A TV show initially titled ‘Comedy Factory’ has been forced to change its title to ‘Comedy Show’, after stand-up comedian Manan Desai won a trademark infringement suit filed against it in Bombay HC.

Privacy 105

Privacy Journalism Inventor Music 105

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The exclusivity of exploitation is key to the success of a limited-edition collectible. The purpose of copyrights is to protect creative works, including writings, from infringement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. The Directive will therefore continue to exist as it is, with no changes to its scope or its system.

Copyright 102

Copyright Marketing Marketing Licensing 102

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple claimed it designed the system to reduce the privacy invasion, but Apple could not guarantee that (1) governments wouldn’t compel Apple to do client-side scanning for the government’s benefit, or (2) the compelled scanning would only target CSAM. Internet Law: Cases & Materials (2021 edition). The COVID Pandemic.

Social Media 127

Social Media Law Privacy Government 127

Kluwer Copyright Blog

JUNE 7, 2023

The preliminary proceedings: “Free use” has left the arena The Berlin Regional Court initially granted a preliminary injunction in favor of the English artist, but ultimately denied a copyright infringement after a full hearing (Landgericht Berlin, 23.4.2019 – 15 O 102/19) [1]. 24(1) German Copyright Act (UrhG).

Copyright 113

Copyright Art Copyright Law Law 113