Kluwer Copyright Blog

APRIL 2, 2024

Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011. is not protected under copyright.

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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 Court took the opportunity to shed new light on the role and interpretation of legal elements, such as the commercial purpose and the scalability of some uses of copyright protected materials.

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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. The mandate of the group was to identify, develop and codify good practice on the use of copyright, performance and database material in relation to AI, including data mining.

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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. Without this rule, many authors fear the UK market would be flooded with cheaper international copies.

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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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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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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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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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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. That being said, here is a brief elucidation of all you need to know about copyright and copyright infringement.

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Velocity of Content

OCTOBER 19, 2023

On this day in 1976, President Gerald Ford signed the “new” US Copyright Act. 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.

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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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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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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Google, Inc.

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IP Watchdog

AUGUST 22, 2021

This time, however, WPL’s arguments pose grave dangers to all owners of other copyrighted works. 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.

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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. How Do Different Departments Use the Annual Copyright License?

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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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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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TorrentFreak

DECEMBER 22, 2023

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.

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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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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. A magistrate judge recommended dismissing Tomelleri’s copyright claims.

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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.

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Kluwer Copyright Blog

OCTOBER 18, 2023

Image from DALL-E 3 Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. The payment is integrated into a levy that is imposed on the cost of a physical medium or a device which allows the user to duplicate copyright protected works.

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Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. However, for artists, rightsholders and those familiar with copyright, it was completely predictable. A rethinking of blockchain and crypto’s role in copyright, and an examination of both if and how it might actually help.

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The IPKat

MARCH 16, 2024

In May 2015, Stamp realised that La Foir'fouille was marketing a stool model resembling the Stamp stool. Stamp sued La Foir'fouille and FF Digitale for copyright infringement before the Tribunal de Grande Instance of Lyon. The Court of Appeal first examined whether the stool was protectable under copyright law.

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Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin.

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The IPKat

OCTOBER 6, 2023

Stockholm A few days ago, The IPKat announced an event taking place at University College London and online on 9 November and focusing on the impact and legacy of the copyright case law of the Court of Justice of the European Union (CJEU) for post-Brexit UK.

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Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. The short answer should be “never.”

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Kluwer Copyright Blog

DECEMBER 11, 2023

Among these rules, which were one of the main areas of contention between Council and Parliament until the very end, the final compromise includes two provisions relevant to copyright. A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright.

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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

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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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. He sues for copyright infringement and claims damages. The Safarov case In 2009, Safarov authors a book.

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Michael Geist

JANUARY 23, 2024

The government’s consultation on copyright and generative AI closed last week. The submissions are not yet public, but I am pleased to post my submission, which focused on an exception for text and data mining, the inclusion of copyrighted works in large language models, and the copyright implications of outputs from generative AI systems.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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Technology & Marketing Law Blog

MARCH 2, 2022

Thaler filed an application to register the copyright in this work, entitled “A Recent Entrance to Paradise”: Thaler explained the work “was autonomously created by a computer algorithm running on a machine” and he was “seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine.”.

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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. Disney doesn’t receive special copyright protections. This isn’t just absurd, but its patently false.

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The IPKat

APRIL 30, 2024

Should the EU unify copyright laws? The session started with the highly disputed topic of copyright unification with Prof. see Katpost here ) When finally addressing the question, "Should the EU unify copyright laws?" the PermaKat stated loud and clear, and I quote: “The short answer is: yes!

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TorrentFreak

SEPTEMBER 15, 2023

Majors Publishers File Copyright Complaint Against Libgen According to a copyright lawsuit filed in the U.S. The publishers dismiss this as “just a ruse” to account for a “massive piracy effort” that runs counter to the stated aim of copyright law. “[T]he Sites undermine the very purpose of U.S.

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