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 court held that geoblocking of Steam activation keys infringed EU competition law.

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Copyright Law Law Copyright Copying 75

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. These additional creative elements can be protected by copyright law, provided they meet the EU originality standard.

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Copyright Law Copyright Law Graphic Design 120

The IPKat

OCTOBER 30, 2023

In fact, and much to the contrary, it has been established national law and practice – prior and after ‘Cofemel’ – that the scope of protection correlates with the level of originality which, in return, corresponds with the degree of departure from the existing design corpus (i.e.,

Copyright Law 78

Copyright Law Copyright Law Marketing 78

SpicyIP

JUNE 26, 2022

Eashan writes about Indian intellectual property law on his Medium page. The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173).

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Designs Design Law Intellectual Property 133

Kluwer Copyright Blog

APRIL 2, 2024

The object of copyright protection is not the thought (idea) underlying the work as such, but only the personal physical shaping of the idea. Based on the fundamental principle of this idea-expression dichotomy, mere ideas, including film ideas, are not protected by the Austrian Copyright Law.

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Copyright Law Copyright Law Cinema 56

TorrentFreak

DECEMBER 14, 2021

Importantly, however, none of this is illegal in the UK so, in what appears to be an overreaction with significant potential for overreach, lawmakers want changes to copyright law to retip the balance of power. Even then, anyone with a camera can record an event, without breaking copyright law.

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Copyright Law Copyright Law Television 108

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. To counter this issue laws are placed so that the original ideas can be protected. What Is Copyright?

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Designs Design Copyright Copyright Infringement 92

IPilogue

MARCH 2, 2023

Cynthia Zhang is a 3L JD Candidate at Osgoode Hall Law School. Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc.

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Copyright Law Copyright Law Artwork 106

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

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Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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Copyright Law Copyright Law Art 111

The IPKat

MARCH 8, 2022

Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. Addressing this need, the Danish Design Board (Designnævnet) was launched on February 24, 2022.

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Designs Design Copyright Law 141

TorrentFreak

JULY 27, 2021

Back in 2016, the European Commission announced plans to amend EU copyright law to better meet emerging challenges on the Internet. One of the most controversial elements of the new Copyright Directive was Article 13 (now Article 17). 23 Member States Failed To Meet June 2021 Deadline.

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Copyright Law Copyright Law Licensing 142

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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Copying Copyright Law Copyright Social Media 103

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. Almost all EU member states have implementesd the Directive into their national laws.

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Copyright Law Law Copyright Publishing 60

JD Supra Law

MARCH 5, 2024

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. By: Bradley Arant Boult Cummings LLP

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Designs Design Copyright Copyright Law 68

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

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Designs Design Art Trademark Law 78

IPilogue

AUGUST 19, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On June 8 th 2022, Deputy High Court Judge John Kimbell released his decision separating copyright in literary and dramatic characters. Copyright of scripts. Judge Kimbell also considered the meaning of parody per case law.

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Copyright Law Copyright Law Cease and Desist 105

Michael Geist

SEPTEMBER 23, 2022

Today’s post raises an unlikely issue given that Bill C-18 is the responsibility of Canadian Heritage Minister Pablo Rodriguez, who also has part responsibility for copyright law in Canada. In fact, just this summer it ruled : Copyright law does not exist solely for the benefit of authors: York University v.

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Copyright Law Copyright Law Government 90

Intellectual Property Law Blog

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Designs Design Copying Copyright Law 246

Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

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Designs Design Copyright Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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Designs Design IP Art 73

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Manuscripts, designs and art can all be classified as intellectual property. How are Copyrights Used?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

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Copyright Law Copyright Law Music 60

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

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Copyright Law Copyright Law Copyright Infringement 52

Intellectual Property Law Blog

JANUARY 11, 2023

In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyright law and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. 17 U.S.C.A. § Brooktree Corp. 2d 1555, 1564 (C.A.

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Designs Design Copying Copyright Law 130

LexBlog IP

MARCH 5, 2024

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. However, these designs are not expressly covered under the Copyright Act. § 102(a)).

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Designs Design Copyright Intellectual Property 52

Intellectual Property Law Blog

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. source code) under copyright law.

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Registration Designs Design Copying 189

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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Art Artistic Work Law Designs 59

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Photo by Markus Spiske on Unsplash. Stay tuned!

Copyright Law 52

Copyright Law Copyright Law Publishing 52

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

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Intellectual Property Designs Design Intellectual Property Law 73

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. In April 2020 and February 2021 two substantial new contributions to this debate were published.

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Copyright Law Law Copyright Fair Use 113

Patently-O

APRIL 27, 2022

By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law. Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. But projected designs aren’t new. But projected designs aren’t new. Projected designs are simply not some new, unforeseen concept.

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Design Patent Designs Design Patent 69

The IPKat

FEBRUARY 16, 2024

This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University.

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Intellectual Property Law Intellectual Property Law Non-Fungible Tokens 113

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2

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Registration Designs Design Copying 130

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

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Intellectual Property Designs Design Artwork 59