IP Law 360

FEBRUARY 14, 2023

EDITING French company Production Systems SAS has filed a copyright infringement lawsuit in a New York federal court alleging Nike used portions of its Kreuz font software without authorization, causing the design business to lose substantial revenue.

Marketing 40

Marketing Marketing Editing Copyright Infringement 40

Plagiarism Today

JULY 25, 2022

1: Ninth Circuit Boosts Efforts to Sue Overseas Copyright Infringers. First off today, Edvard Pettersson at Courthouse News Service reports that the Ninth Circuit Court of Appeals has revived a copyright infringement lawsuit that was filed against the Vietnamese company VNG Group.

Cease and Desist 173

Cease and Desist Music Copyright Infringement Licensing 173

Plagiarism Today

JANUARY 19, 2022

The rule, entitled copyright exhaustion, places limits on the import of international editions of books. Without this rule, many authors fear the UK market would be flooded with cheaper international copies. Finally, the state claims that this is not a copyright law, but an attempt to regulate unfair trade practices.

Copyright 209

Copyright Copyright Law Publishing Copyright Infringement 209

TorrentFreak

MARCH 25, 2024

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement.

Publishing 142

Publishing Copyright Fair Use Intellectual Property Law 142

Kluwer Copyright Blog

JUNE 13, 2024

The DSA and the AI Act are without prejudice to and do not affect the enforcement of conventional copyright law (Art. They may not commit or promote any copyright infringements, and they must in addition comply with the special obligations pursuant to the DSA and the AI Act. 2(4)(b) DSA, recital 108 in fine AI Act).

Copyright 70

Copyright Copyright Law Art Copyright Infringement 70

Technology & Marketing Law Blog

MARCH 22, 2022

Despite all of the back-and-forth, the plaintiff sued YouTube for copyright infringement–a very bold move. Direct Infringement. Direct copyright infringement is a strict liability tort, so YouTube’s efforts to “actively and diligently police” infringement should be irrelevant.

Business 110

Business Copyright Copyright Infringement Licensing 110

BYU Copyright Blog

MARCH 18, 2024

In April 2021, Wilder registered a copyright for the Unit 7H NICHE materials. Wilder filed an action against Hoiland in February 2022 for copyright infringement. Due to the academic context, the market effect the court focused on was any detriment to Wilders career in terms of publications, promotions, and incentives.

Fair Use 40

Fair Use Higher Education Copyright Infringement Marketing 40

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

Music 52

Music Moral Rights Copyright Infringement Television 52

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 55

Copyright Copyright Infringement Fair Use Intellectual Property 55

The IPKat

MARCH 7, 2024

This Kat is delighted to present a review of Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development, edited by Prof. Finally, in "The TRIPS Agreement and the Sustainable Disposal of IP-Infringing Goods - Lessons from WTO Dispute Settlement Cases," Wolf R.

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

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.

Copyright 117

Copyright Copyright Law Business Intellectual Property 117

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). As a result, lending out a whole book is “reasonable in relation to the purpose of the copying.”

Publishing 116

Publishing Fair Use Copying Editing 116

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. UIRC sued William Blair for copyright infringement. We agree with the district court that the language UIRC did draft lacks the creative expression required for copyright protection.

Copyright 48

Copyright Copying Copyright Infringement Editing 48

TorrentFreak

JULY 11, 2023

The Australian government recently released the 2022 edition of its Consumer Survey on Online Copyright Infringement. In most cases, however, the gap could still be measured in months, far from satisfactory in a rapidly-shifting piracy market.

Government 111

Government Editing Copyright Copyright Infringement 111

TorrentFreak

NOVEMBER 16, 2021

Broadly, however, they insist that they did not commit any type of copyright infringement, something they expand upon in a shortlist of affirmative defenses, i.e This leads to the question of whether the alleged conduct of the defendants affected the market for those games and if so, in what way. on Metacritic.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

Kluwer Copyright Blog

APRIL 22, 2024

In Spain, NFTs and copyright have recently faced off before the commercial courts of Barcelona. In fact, on 11 January 2024, Barcelona Commercial Court number 9 handed down what is indeed the first judgment in Spain in a case where NFTs and copyright are at a crossroads. VEGAP has announced that it has appealed this judgment.

Copyright 118

Copyright Artwork Moral Rights Non-Fungible Tokens 118

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. However, the most concerning aspect (copyright infringement aside) is the promotion of these scripts to people with little to no relevant experience.

Advertising 93

Advertising Advertising Intellectual Property Editing 93

LexBlog IP

NOVEMBER 28, 2023

What has been the market-effect on the underlying work? Plainly, predicting the merits of a copyright claim in this realm is extraordinarily difficult, and for many small businesses, settlement is the better part of valor. Chevaldina: Raanan Katz sued Irina Chevaldina for copyright infringement under 17 U.S.C.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. Goldsmith counterclaimed for copyright infringement. Consequently, the market harm factor did not cut against Warhol’s fair use defense.

Fair Use 126

Fair Use Derivative Work Art Licensing 126

LexBlog IP

MAY 31, 2023

When Prince died in April 2016, Vanity Fair’s parent company, Condé Nast, licensed another image from the Prince Series (“Orange Prince”) from AWF, which it used as the cover of a Prince tribute edition magazine. She contacted AWF alleging infringement of her copyright in her photograph.

Fair Use 52

Fair Use Licensing Copyright Editing 52

The IPKat

NOVEMBER 27, 2023

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. The judge found trade mark infringement (of both the logo with and without the word “LIDL”), passing-off and copyright infringement.

Editing 69

Editing Registration Branding Brands 69

Velocity of Content

NOVEMBER 22, 2022

For life science companies of any size, the detection, assessment, and prevention of adverse effects of their products/devices is not only important for maintaining patient safety, consumer trust, and overall market share, but also essential to ensuring they are in compliance with the requirements of the FDA, EMA and other regulatory bodies.

Licensing 97

Licensing Copyright Journalism Editing 97

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! The end of the year was busy for both the courts and the policy makers.

Copyright Law 70

Copyright Law Law Copyright Reporting 70

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

IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. This leads to the reduction of competition in the market. TYPES OF COPYRIGHT VIOLATION. Modak and Ors.

Copyright 60

Copyright Branding Brands Branding 60

Technology & Marketing Law Blog

JULY 26, 2021

[The 2021 edition of my Internet Law casebook is coming soon. Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims Board (CCB). The CCB will be dominated by claims over alleged online infringement, so it’s a major development for online copyright law.

Copyright 141

Copyright Law Registration Copyright Infringement 141

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 28, 2023

The main question from the perspective of the right of communication to the public is whether the operator of a streaming platform which has implemented geoblocking is liable for copyright infringement if the users of its services use a VPN to access content that should not be accessible from a certain territory. 52 of the Opinion).

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

Kluwer Copyright Blog

APRIL 15, 2024

Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement). open licenses that extend to non-copyrighted elements ) , as well as regulatory interventions (e.g.

Licensing 102

Licensing Social Media Contracts Privacy 102

IP Tech Blog

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Applicable IP rights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

DECEMBER 20, 2023

The plaintiff sued for copyright infringement in May 2023. There, the individual used a similar text-to-image AI services and went through an even more complex process in an effort to produce the image (in addition to creating multiple input prompts, he also used photo editing tools to polish the image).

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

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.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

NOVEMBER 17, 2021

According to the BGH, there was no general principle based on experience which would cause one to assume, based on the presentation of a product at a trade fair in Germany, an imminent offering for sale, distribution or other placing on the market in Germany. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

JUNE 19, 2023

For instance, the person minting an NFT on ‘ Mintable’ can tick a box labelled ‘Transfer copyright when purchased’, so as to include a clause to this effect in the final smart contract. As such, the CC0 approach might efficiently address copyright infringement issues in the NFT world, as it seeks to develop viable open content IP.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Applicable IP rights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

In conclusion, however, the BGH affirmed a copyright infringement on the grounds that under Section 69d(3) UrhG only the reproduction of the computer program is permitted and not the reproduction of the audiovisual game data of the game client (such a reproduction had taken place in the course of the defendant’s use).

Related Rights 52

Related Rights Law Copyright Copying 52

SpicyIP

JULY 23, 2023

However, on the question of passing off the court held that the defendant failed to establish the spill over of transborder reputation of its mark in India while the plaintiff was able to show formidable goodwill and first use in the Indian market and thus granted an interim injunction to the plaintiff.

Trademark 98

Trademark IP Higher Education Moral Rights 98