Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

OCTOBER 20, 2023

student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. vs. M/s Indian Performing Rights Society Ltd and regarded the suit in the Delhi High Court as a substantial action fulfilling the condition of due diligence.

Due Diligence 59

Due Diligence Copyright Copyright Infringement Intellectual Property Law 59

The IPKat

AUGUST 27, 2023

The IPKat has received and is pleased to host the following post by former GuestKat Mirko Brüß (Brüß Law) concerning a recent German decision tackling the vexed issue of when an internet platform operator may be held directly liable for IPR infringements. 2(6) of the DSM-Directive and Section 3 Nr.

Copyright Infringement 94

Copyright Infringement Due Diligence Advertising Advertising 94

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Copyright Lately

MAY 10, 2024

That’s because it does away with a nationwide split among appellate courts, including a 2020 ruling by the influential Second Circuit Court of Appeals that limited copyright infringement damages to three years before the filing of a lawsuit, even if the plaintiff had been unaware of earlier infringements.

Copyright 101

Copyright Music Due Diligence Social Media 101

Patently-O

FEBRUARY 20, 2024

But the Eleventh Circuit permitted Nealy to seek damages beyond three years — going back to three years from when he knew or reasonably should have known of the infringement. While a laches issue was at the heart of this ruling, the Second Circuit adopted this rule for all copyright infringement cases. See 38 U.S.

Music 104

Music Copyright Due Diligence Licensing 104

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.

Copyright 89

Copyright Music Due Diligence Copyright Infringement 89

IIPRD

NOVEMBER 14, 2023

13] It has specifically mentioned provisions about the mandate of exercising due diligence and caution while detecting such shams. The exception here is that due diligence must be exercised by them. Furthermore, Rule 3 of IT [16] Act similarly specifies for due diligence. In the case of Tiffany v.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

TorrentFreak

MAY 18, 2022

In addition to pointing out sites and services that blatantly engage in copyright-infringing activities, they also use the opportunity to request broader cooperation from third-party services. In some cases, this leads to concrete suggestions that go beyond what the law requires. Rightsholders are happy to contribute.

Copyright 123

Copyright Due Diligence Law Government 123

LexBlog IP

FEBRUARY 15, 2023

This will help avoid surprises from the application of unfamiliar Chinese laws and regulations. Litigating in China is a viable option and there are competent and experienced Specialized IP courts that can handle very complex patent and copyright infringement matters. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

LexBlog IP

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. This case underscores the complexities and risks of navigating copyright issues as an AI startup.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. This case underscores the complexities and risks of navigating copyright issues as an AI startup.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

TorrentFreak

MARCH 10, 2023

After reading hundreds of copyright reports, anti-piracy studies, lobbying documents, and submissions to government and law enforcement agencies, anything that strays from the norm tends to stand out. During lockdown UK citizens were encouraged to report neighbors to the police for breaking social distancing laws.

Government 101

Government Reporting Due Diligence Copyright Infringement 101

The IPKat

AUGUST 11, 2022

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. This post reviews KECOBO’s advisory in the light of Kenya’s copyright law and policy. This is so for several reasons but this post highlights two.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

FEBRUARY 11, 2024

Much of that content is protected by copyright laws. The Perks of Using Copyrighted Content: Should We Feed the Machine? Knowing the boundaries of copyright law isn’t just wise; it’s an imperative. Are you safeguarding your innovations with due diligence?

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

Technology & Marketing Law Blog

MAY 15, 2024

Under the “discovery rule,” the limitations period begins to run when “the plaintiff discovers, or with due diligence should have discovered, the injury that forms the basis for the claim.” In 2018, following his second prison stint, Nealy sued Warner Chappell for copyright infringement. Petrella , 572 U.S. 3d 39 (2d Cir.

Music 95

Music Blogging Copyright Ownership 95

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 1. Proposal 7.

Database Right 52

Database Right Licensing Public Domain Artwork 52

SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! To determine common law rights of the plaintiff, the Court relied on the case of Laxmikant V.

Trademark 59

Trademark Invention Licensing Patent 59

IIPRD

JANUARY 24, 2023

On the same hand, Fintech companies must stay clear of any copyrights belonging to third parties like source codes or software elements because doing so could result in copyright infringement lawsuits. Digital locks can be used by FinTech businesses to offer an extra layer of security to copies of their works.

IP 52

IP Invention Intellectual Property Due Diligence 52

TorrentFreak

OCTOBER 1, 2022

From terminating allegedly infringing users and implementing copyright filters, to due diligence, website blocking, and running a search engine, tech companies can find themselves being held responsible when third parties upset the business models of other third parties.

Music 127

Music Due Diligence Copyright Social Media 127

IIPRD

FEBRUARY 8, 2024

The amorphous nature of cloud computing presents a challenge when it comes to determining which laws will be applicable. Although cloud offerings are often global and multi-jurisdictional, the IP laws governing services generally remain territorial and national. Copyright laws, for instance, vary from jurisdiction to jurisdiction.

Intellectual Property 52

Intellectual Property IP Government Technology 52

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. While NFT-related marks are clearly protected under US law, the laws of other countries might differ.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Traverse Legal Blog

APRIL 1, 2021

In this Tech Law Radio podcast, NFT attorney Enrico Schaefer talks about legal issues which are already being litigated by lawyers in the NFT marketplace. Your only protection on the front end is due diligence. Cryptocurrency has been been in the press cycle for years. But now there is something new in the blockchain space.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

IP and Legal Filings

JULY 13, 2022

Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only due diligence and effort, rather than originality and creativity in order to be granted copyright protection. What is the Indian take on originality v. creativity?

Copyright 67

Copyright Artistic Work Designs Design 67

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. While NFT-related marks are clearly protected under US law, the laws of other countries might differ.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

JULY 25, 2022

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Petrella , 572 U.S. 3d 39 (2d Cir.

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

43(B)log

AUGUST 4, 2023

Banks will not give loans secured by patents; banking law constraints. Piggyback on VC due diligence, valuation. A: senior consultant for World Bank: banking law is not going to change. Larger issue: we have this nonenforcement b/c we’ve created an overbroad set of legal rights such that infringement goes on all the time.

IP 52

IP Copying Due Diligence Registration 52

TorrentFreak

JULY 23, 2023

We have included all VPN providers we contacted that don’t keep extensive logs or block lawful torrent traffic on all of their servers. That includes copyright infringement. In this respect as in all others, we are committed to protecting the privacy of our customers while following the letter of the law.

Privacy 137

Privacy IP Technology Reporting 137

IP Whiteboard

JUNE 7, 2021

In Australia, the rights protected by copyright arise automatically upon the creation of a work and there is no need or ability to obtain a registration for copyright. By contrast, in the United States, registration of copyright is a prerequisite to filing a lawsuit for copyright infringement. Regulation.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40