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. As the ToR mentions, the UKIPO intends to publish “some materials relating to the working group”.

Copyright Law 60

Copyright Law Copyright Law Music 60

Plagiarism Today

JANUARY 19, 2022

1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest. The rule, entitled copyright exhaustion, places limits on the import of international editions of books. According to authors, this enables authors and publishers to sell books at different prices for different countries.

Copyright 210

Copyright Copyright Law Publishing Copyright Infringement 210

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

Copyright 117

Copyright Fair Use Publishing Marketing 117

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.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

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. The duration of copyright protection is often date and fact-sensitive. How Can You Protect Your Work? Bottom Line.

Copyright Infringement 52

Copyright Infringement Copyright Law Copyright Law 52

Dear Rich IP Blog

AUGUST 3, 2022

The fourth factor , the effect of the use upon the potential market, is difficult to call because we're not clear as to the source of the photo, whether the photographer has exploited the image, and whether the photo and the museum book compete in any manner. Architectural copyright. (See Golden v.

Publishing 97

Publishing Fair Use Artwork Copyright 97

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.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

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.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

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.

Licensing 98

Licensing Copyright Publishing Journalism 98

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).

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

Velocity of Content

DECEMBER 8, 2023

The Association of American Publishers (AAP) has released its Reply Comments to the U.S. Copyright Office concerning a Notice of Inquiry regarding copyright law and artificial intelligence. The post AAP Responds To “Flawed” GenAI Arguments appeared first on Copyright Clearance Center.

Publishing 59

Publishing Copyright Law Copyright Government 59

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.

Journalism 98

Journalism Copyright Infringement Litigation Copyright Law 98

The IPKat

MAY 7, 2024

Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? In 2015, the European Commission itself called unification of copyright laws “ a long-term target ”. The short answer is: yes.

Copyright Law 121

Copyright Law Copyright Law Intellectual Property 121

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. The Safarov case In 2009, Safarov authors a book. The Azerbaijani Supreme Court upholds this decision in 2011.

Copyright 91

Copyright Copying Copyright Law Marketing 91

Plagiarism Today

FEBRUARY 10, 2022

In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw. This market has been described repeatedly as a scam. Simply put, the art market is a small, highly concentrated market that values the cache of the artist over their originality.

Plagiarism 276

Plagiarism Art Marketing Marketing 276

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.

Licensing 116

Licensing Law Copyright Copyright Law 116

The IPKat

AUGUST 19, 2021

Earlier this year, The IPKat reported on the judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) in VG Bild-Kunst , C-392/19 , an important case concerning contractual restrictions to linking under EU copyright law (on that occasion, I also updated my linking table: see here ).

Copyright 95

Copyright Copyright Law Publishing Contracts 95

Technology & Marketing Law Blog

JUNE 28, 2023

A Florida law mandating that online services carry journalists’ content was struck down by the Eleventh Circuit. CJPA is preempted by federal copyright law. CJPA creates copyright-like protection for material that Congress (if anyone) exclusively has the power to propertize. CJPA is preempted by 47 U.S.C.

Journalism 86

Journalism Blogging Government Copyright Law 86

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. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

TorrentFreak

MAY 17, 2023

Multi-point, ongoing collisions between rightsholders, pirate sites, pirates and copyright law, are what fuel our daily reporting. The polarized nature of the debate, which regularly pits decent law-abiding content creators against shadowy thieves hiding in the recesses of the web, is good for headlines but a hopeless anti-piracy tool.

Reporting 115

Reporting Social Media Marketing Marketing 115

IPilogue

NOVEMBER 10, 2021

DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. DBrand is apparently aware of Sony’s efforts to suppress these custom products, as they marketed their Darkplates with the tagline “Go ahead, sue us.” .

Cease and Desist 112

Cease and Desist Marketing Marketing Intellectual Property 112

SpicyIP

MARCH 28, 2022

News and Views: Copyright Hues and Authors’ Dues. Tensions between news publishers and digital platforms providing search and news aggregation services have been growing globally for years. For instance, the EU has adopted a neighbouring right for press publishers under copyright regulations. Aparajita Lath.

Copyright 105

Copyright Publishing Music Contracts 105

Kluwer Copyright Blog

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. Since its inclusion in the IMCO report in the summer, the requirement to publish “sufficiently detailed summary” had also been criticized by some observers for its unclear nature.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

Velocity of Content

OCTOBER 9, 2023

The license programs that have since been continuously developed and implemented by CCC have rationalized copyright law; minimized repetitious fair use disputes; and enabled lawful commerce in copyrighted works to proceed in myriad market settings.”

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. In 1991, Wofsy, with permission from Picasso’s estate , published De Fontrbrune’s images in “The Picasso Project”.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

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.

Law 94

Law Copyright Infringement Copyright Copyright Law 94

Kluwer Copyright Blog

OCTOBER 18, 2023

1] From this perspective, it can be argued that the introduction of a limitation-based remuneration right will preserve the anthropocentric approach to copyright law, preventing an upside-down scenario where human creativity becomes instrumental to artificial intelligence. In particular, Art. Thouvenin, A. Peukert, T. Jäger and C.

Copyright 128

Copyright Art Licensing Copyright Law 128

Patently-O

MAY 9, 2024

.” The Court’s implied affirmance of the discovery rule and rejection of a separate damages limitation will have significant implications for the licensing and publishing markets. of Governors, FRS , No. 22-787 (argued Feb. 20, 2024).

Copyright 88

Copyright Music Due Diligence Copyright Infringement 88

The IPKat

MARCH 13, 2022

Our beloved Merpel reminds you of the launch of an initiative to establish a " Repository of Non-English IP Titles " for titles published since 2000. The Repository will collect, on a country-by-country basis, information on IP books (including book series and collections with multiple editors) published in a language other than English.

Intellectual Property 76

Intellectual Property Publishing Copyright Law IP 76

Kluwer Copyright Blog

JUNE 24, 2021

Use of the song excerpt was reasonable in connection with the film’s purpose of documenting the burlesque theater resurgence in Portland, Oregon, and it was not likely to harm the market for the song (Brown v. A full summary of this case has been published on Kluwer IP Law. Netflix, Inc., May 18, 2021, Jacobs, D.).

Copyright 83

Copyright Fair Use Copyright Law Publishing 83

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. And it’s published under a creative commons license, with the text available on his website here. There is however one stand-out entry that looks like it will be of interest to several of our readers.

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

Technology & Marketing Law Blog

MARCH 12, 2023

BBB Is a Website “Published” for Copyright Law Purposes?–Rogers BBB appeared first on Technology & Marketing Law Blog. March 3, 2023) Prior BBB Posts BBB Defeats Defamation Lawsuit (After 7 Years)–Better Way v.

Business 102

Business Copyright Law Blogging Law 102

Technology & Marketing Law Blog

JANUARY 3, 2023

Tattoos are “published” when completed. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. UMG Recordings, Inc., 2022 WL 17744001 (SDNY Aug.

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

The IPKat

OCTOBER 10, 2021

Copyright The Journal of Intellectual Property Law and Practice published an Author's Take piece considering what the way forward for the press publishers' right might be under EU copyright law. This Kat is having a haunted October This post promises to take readers around the IP blogs in eight posts.

Blogging 67

Blogging IP Intellectual Property Law Journalism 67

TorrentFreak

JANUARY 16, 2023

On the criminal side, multiple police-led operations around Europe often sounded spectacular but didn’t have a significant effect on the market. What rightsholders really want is a change in the law, to compel intermediaries in receipt of a takedown notice to disable streams immediately, or face liability themselves.

Marketing 111

Marketing Marketing Copyright Law Law 111