Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. The ensuing litigation unfolded in the Court of Rome, where it was determined that cultural heritage serves as an expression of national identity.

Art 52

Art Copyright Public Domain Copyright Law 52

Barry Sookman

NOVEMBER 27, 2022

Orders In Council – implementing term extension to Copyright Act now in force. McCarthy Tétrault’s expertise recognized in Lexpert’s Litigation Special Edition and Top 10 Business Decisions | M… [link] 2022-11-23. 2022 BCPC 228 (Ca… [link] 2022-11-22. link] 2022-11-23. Clickwrap agreement enforced, Chien v.

Editing 57

Editing Contracts Litigation Designs 57

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. The event will take place on 18 March 2022 from 1:15pm to 7:00pm (CET) and registrations are open here.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright 145

Copyright Art Fair Use Registration 145

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 140

Copyright Law Registration Copyright Infringement 140

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

Copyright 136

Copyright Government Law Editing 136

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 67

Music Copyright Derivative Work Ownership 67

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. The unpredictable nature of these claims often results in settlements to avoid litigation.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Copyright Lately

APRIL 30, 2021

The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. Key among them is the extent to which pre-1978 works first published abroad without proper copyright notice are still protected under U.S. copyright law. and Germany.

Public Domain 83

Public Domain Copyright Copyright Notice Publishing 83

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] Why Litigation Threats Do Not Match Realities of the Mod Community.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

JIPL Online

MARCH 19, 2021

ii] These events were sudden and came as a shock to the platform’s creators who were given no opportunity to submit counternotifications or edit their content to remove the allegedly infringing material per the provisions of the Digital Millennium Copyright Act (the “DMCA”) and Twitch’s own DMCA Guidelines.

Music 76

Music Copyright Licensing Fair Use 76

Kluwer Copyright Blog

FEBRUARY 22, 2022

Other contributions have focussed on creators within these industries, and look to the interplay between law and practice, examining whether specific provisions in copyright are successful in their application. We anticipate exciting new contributions on topical issues such as litigation data, trade, and diversity in the coming months.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Copyright 70

Copyright Government Copyright Law Reporting 70

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 138

Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

MAY 15, 2024

copyright law. Copyright Office and the explosion of litigation (see here ) in the U.S., Copyright Law’s reluctance to accept the eligibility for copyright of the award-winning “Théâtre D’opéra Spatial” (see here ), seems partly motivated by the impossibility for the U.S.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation. copyright law, under the doctrine of fair use. In a recent case before the U.S.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Kluwer Copyright Blog

JUNE 7, 2023

Article 21 establishes an unwaivable right to alternative dispute resolution (ADR), which may be a practical necessity for authors who cannot afford to litigate to enforce their rights to contract review and revision. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

IP Intelligence

AUGUST 15, 2023

copyright law protects human-authored expression, not works generated purely by generative AI. When a human author uses generative AI tools to create their work, the scope of copyright protection extends to the human-authored aspects of the work, not the AI-generated material within that work. See, e.g. , SAS Institute v.

Registration 52

Registration Copyright Copying Editing 52

LexBlog IP

JULY 21, 2021

.” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. copyright law.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

JUNE 22, 2023

It simply converts a litigation battle over retaliation into a battle over whether the DJP violated the TOS. Further, unhappy DJPs will still claim that broad TOS provisions were selectively enforced against them due to the platform’s retaliatory intent, so even tricky TOS drafting won’t eliminate the litigation risk.]

Journalism 90

Journalism Social Media Publishing Government 90

Kluwer Copyright Blog

FEBRUARY 9, 2022

Collective licensing with extended effect covers various mechanisms in national copyright law to fill the gaps in the repertoire of the collective management organization (“CMO”), which can then conclude licences for works of right holders who are not affiliated to the CMO. More from our authors: Law of Raw Data. 218 et s. ).

Copyright 52

Copyright Licensing Art Publishing 52

LexBlog IP

MARCH 27, 2023

The firm was founded in 1999 [ sic ] and has since grown to become one of the largest IP law firms in the Midwest region of the United States. Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

43(B)log

AUGUST 3, 2023

Courts make errors about the law of infringement, leading them to think that certain things are relevant when they are not. Files shared digitally, encourages more editing; their contributions are credited. Taiwan’s copyright law has changed over time for the same reasons US did. Used in Kpop—network of 700 songwriters.

Music 52

Music Art Copying Licensing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”?

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

OCTOBER 13, 2021

Here, there was no editing of the “lyrics, vocals, or instrumentals at all.” Further, “the animation does not use Electric Avenue as a vehicle to deliver its satirical message, and it makes no effort to poke fun at the song or Grant.” So too here.

Fair Use 83

Fair Use Music Marketing Marketing 83

LexBlog IP

JANUARY 10, 2024

” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. ” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. ” Trump Responding Brief at 5. ” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52