Kluwer Copyright Blog

SEPTEMBER 19, 2023

In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case is twofold: the scope of application of the private copy exception, on the one hand, and that of the right of communication to the public, on the other.

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Kluwer Copyright Blog

APRIL 2, 2024

The Second Defendant is responsible for the use of the rights to this film in the Austrian video market. The object of copyright protection is not the thought (idea) underlying the work as such, but only the personal physical shaping of the idea. The First Defendant distributes the film “Yesterday” to Austrian cinemas.

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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. Wide industry and public consultations of this kind have also been carried out by the US Copyright Office since the Spring of 2023.

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IP Watchdog

OCTOBER 25, 2021

House of Representatives hosts a pair of committee hearings on tech subjects, including a joint hearing of the House Biotechnology Subcommittee and the House Livestock Subcommittee to look at how the current market approval process for agricultural biotechnology products could be made less cumbersome to encourage commercialization.

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IP Law 360

JANUARY 30, 2023

federal government on Monday to turn its focus to foreign countries' purported erosion of copyright protections, arguing that many nations have "failed to keep pace" with trends in copyright law reform. The International Intellectual Property Alliance urged the U.S.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Likelihood of Confusion

OCTOBER 31, 2021

The Gray Blog reports that the Canadian Supreme Court has rejected an attempt — the sort made all day all over North America — to utilize IP law as a. The post Canada: Copyright law not meant to protect distribution networks appeared first on LIKELIHOOD OF CONFUSION™.

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Larson & Larson

JUNE 21, 2021

Copyright law provides a safeguard against copyright infringement. That being said, here is a brief elucidation of all you need to know about copyright and copyright infringement. How Long Does Copyright Protection Last? The duration of copyright protection is often date and fact-sensitive.

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IP Watchdog

AUGUST 22, 2021

Avoiding the years of investment and fine-tuning that SAS undertook to create its market-leading software, WPL undercut SAS’s price in the market and lured away SAS’s customers. The result is that WPL produced a clone, taking the exact same input and producing the exact same output that SAS does.

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43(B)log

JUNE 17, 2022

The existence of that audience further bears on the market effect factor because it shows that the accused and accusing works are not pure substitutes. at 591 (same for factor four, market effect). Where a reasonable, identifiable audience recognizes new message and meaning, the transformativeness factor favors fair use.

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Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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JD Supra Law

FEBRUARY 6, 2024

Through tactical litigation practices, copyright trolls rely on copyright law to allege infringement and threaten major statutory damages upon unsuspecting defendants. By: Foster Swift Collins & Smith

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Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

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Plagiarism Today

FEBRUARY 7, 2022

While that may be scary for the marketplace, it may be precisely what is needed for the market to enjoy any mainstream success. You simply cannot have a legitimate market that trades almost entirely in illegitimate goods. The biggest is how copyright law will apply to marketplaces like OpenSea. Shades of Napster.

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Technology & Marketing Law Blog

APRIL 23, 2024

Materials from my talk: The paper The video The image repository (all in the public domain per prevailing copyright law !) The post Why Generative AI is Doomed appeared first on Technology & Marketing Law Blog. In each case, it was clear that the technology would have revolutionary but uncertain impacts on society.

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Plagiarism Today

JANUARY 19, 2022

1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest. Without this rule, many authors fear the UK market would be flooded with cheaper international copies. The IPO has said that it will continue evaluating potential changes to copyright law but did not set a timetable.

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The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review.

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Plagiarism Today

FEBRUARY 10, 2022

This market has been described repeatedly as a scam. His name alone means that his work commands high dollar amounts on the market, and those that have invested in him have every incentive to make sure it stays that way: Plagiarism or not. In the case of the art market, those two entities are largely the same. Bottom Line.

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IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc. In Reebok India v.

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TorrentFreak

DECEMBER 22, 2023

“Because these publishers have such concentrated market power […], authors that want to reach wide audiences rarely have the negotiating power to retain sufficient control from publishers to independently authorize public access like that at issue here,” the Alliance adds. Thus, CDL should be upheld under fair use.

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Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

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Velocity of Content

JULY 14, 2023

AI-generated materials also hold the potential to flood the markets, and inevitably lower the value of human authored works.” The post AI Faces Multiple Creator Lawsuits appeared first on Copyright Clearance Center.

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Plagiarism Today

MAY 11, 2022

Josh Hawley’s Move to Strip Disney’s Copyrights Called ‘Blatantly Unconstitutional’. He claims that it aims to revoke Disney’s “special” copyright protections though the law would rewrite copyright law for all creators. According to Sen.

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Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. Success is dependent on collaboration, networking, and sharing information.

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Technology & Marketing Law Blog

NOVEMBER 21, 2023

This is another preliminary ruling in the copyright battle over generative AI. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’ overclaims. The post Facebook’s LLaMa Defeats Copyright Claims–Kadrey v.

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Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights. As we have previously addressed on numerous occasions this can best be addressed via NFT owner agreements as further addressed below.

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The IP Law Blog

APRIL 7, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real Estate. Watch this episode on the Weintraub YouTube channel, here.

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IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

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The IP Law Blog

MAY 26, 2022

Last week, Senator Josh Hawley proposed a new copyright bill in the Senate that would have the effect of eviscerating existing copyrights for certain parties. The bill is known as the Copyright Clause Restoration Act.

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The IPKat

JANUARY 23, 2024

Regulation, Innovation and Competition in Pharmaceutical Markets, by Margherita Colangelo. And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best Copyright Law Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. •

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The IPKat

OCTOBER 1, 2022

copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law. Copyright Office’s refusal to register the Tommy Hilfiger flag ). In this negative space of copyright law in the U.S.,

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Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. Whether to honour the digital exhaustion doctrine or not, has always seemed a matter of national or EU law.

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Velocity of Content

DECEMBER 8, 2023

Copyright Office concerning a Notice of Inquiry regarding copyright law and artificial intelligence. Albanese tells me that AAP’s responded to tech industry assertions that respect for copyright is an obstacle to their innovation by labeling that as, “nonsense.” “It

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TorrentFreak

MAY 1, 2024

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. In the United States, the existence of a loophole in copyright law had been an open secret for some time. Copying or reproduction remains relevant, as does the concept of distribution.

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Technology & Marketing Law Blog

JUNE 27, 2023

A Personal View The High Tech Law Institute has a special affinity for bananas copyright law. We first made some marketing material where high tech faculty and staff wore banana costumes to celebrate the copyright battles over the costumes. Cattelan appeared first on Technology & Marketing Law Blog.

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IP Watchdog

FEBRUARY 1, 2022

The ability of copyright owners to experiment with different marketing strategies is fundamental to copyright law. Copyright Act promotes the public good by granting exclusive rights to copyright owners that incentivize the creation and dissemination of new works on their own terms. Indeed, the U.S.

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