The IPKat

JULY 17, 2023

The Court’s ruling Expressive work A key question for the Court to determine was whether or not Bad Spaniels is an “expressive work”. The Rogers test requires, in the case of “expressive works”, the dismissal of an infringement claim at the outset.

Fair Use 52

Fair Use Trademark Designs Design 52

Kluwer Copyright Blog

NOVEMBER 19, 2021

Max reminds us that the positions and recommendations mentioned in the paper are just a summary of the details that have gone into exploring and considering the topics of the Working Group. Emine presented key findings from WG 2’s paper Freedom to Share: How the Law of Platform Liability Impacts Licensors and Users.

Copyright 111

Copyright Intellectual Property Law Public Domain Copyright Law 111

TorrentFreak

MARCH 29, 2024

A sampling of opinions on this controversial topic would likely place sentiments like these at the edge of a spectrum, acting as a perfect counterbalance to equally extreme positions adopted by a subset of particularly aggressive rightsholders.

Privacy 99

Privacy Publishing Marketing Marketing 99

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

TorrentFreak

AUGUST 25, 2023

For a long time, pirate site blocking was regarded as a topic most U.S. lawmakers may be more receptive to revisiting this topic. lawmakers may be more receptive to revisiting this topic. politicians would rather avoid. Those challenging times are now more than a decade old, and momentum is shifting. law enforcement.

Publishing 80

Publishing Television Government Copyright 80

The IPKat

AUGUST 8, 2021

Over on the Kluwer Copyright Blog, the subject of what Member States might be able to learn from the AG opinion on the Polish challenge to Article 17 of Directive 2019/790 (C-401/19), especially regarding freedom of expression, came up for discussion.

Blogging 67

Blogging IP Inventor Intellectual Property 67

The IPKat

DECEMBER 5, 2021

Back to the time when this Kat was still a student and had not even considered IP to be a career option, there were serious concerns regarding the amendments and in particular concerns that freedom of expression could possibly be compromised. Members of the public are invited to provide their views by 23 February 2022.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

SpicyIP

JANUARY 17, 2022

Since the topic requires a full-fledged research paper with detailed arguments, the post only touches upon the constitutional and international law aspects to show that there is a strong logico-legal case worth investigating, for the R2R in India.) . Lokesh attempts to find grounding for it in Indian law through the current post.

Copyright Law 119

Copyright Law Copyright Law Art 119

TorrentFreak

DECEMBER 1, 2022

This topic has become relevant again this month after Hellspy and Hellshare, two other Czech file-sharing platforms, signed a deal with rightsholders to filter uploads and search results. The file-sharing and hosting service is listed among the most-visited websites in the country, while its mobile apps are frequently used as well.

Television 124

Television Copyright Reporting Music 124

Kluwer Copyright Blog

MARCH 2, 2022

Despite the absence of clear definitions of these two, it has been widely agreed That only output in relation to which it is possible to establish a sufficient level of human contribution (that expresses free and creative choices) would trigger a valid copyright claim.Thus, the notion of the author is an anthropocentric one.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

TorrentFreak

FEBRUARY 24, 2023

Site Blocking and CDN Providers Large international rightsholders are broadly in favor of site-blocking measures, but the topic is controversial in Japan. The problem for manga creators and publishers today is that pirates offer their copyrighted content for free in the same global market. service providers will help them to identify pirates.

Publishing 118

Publishing Advertising Advertising Music 118

The IPKat

APRIL 10, 2024

As readers may be aware, The IPKat also covers privacy and confidentiality issues and so, is pleased to host the following guest contribution by Katfriend Bibitayo Emmanuel Ojo (DataPro Limited) on the struggles between data privacy rights of citizens and government's duties around national security.

Privacy 57

Privacy Law Government Confidentiality 57

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IIPRD

NOVEMBER 1, 2023

Paintings, sculptures, and other forms of modern art allow individuals to freely express themselves in a way that is approachable to others due to the growing value of the market and the creation of new opportunities, as well as the degree of creative freedom that the sector provides. This is the root of the problem.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Therefore, they are not suitable to ensure the required protection of freedom of expression-based exceptions like parody, criticism and review, as required by Article 17(7). YouTube’s’ ContentID).

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., Imagen de Gordon Johnson en Pixabay. This begs the question of how EU law can and should meet this challenge. folk-rnn , Melomics ).

Music 67

Music Copyright Derivative Work Ownership 67

The IPKat

JULY 7, 2023

In April, this Kat, taking advantage of her status QMUL Alumna, had the opportunity to attend the flagship event of the More Than Just a Game (MTJG) conference series. Everything surrounded by the fascinating architecture of the Old Hall of the Honourable Society of Lincoln’s Inn.

Reporting 86

Reporting Music IP Intellectual Property 86

SpicyIP

JUNE 19, 2022

When we accept them, or as the case may be – when we accept claims that use the term rights in their name – we simultaneously, knowingly or not, validate a form of distribution of freedom, authority and resources. Misunderstanding Rights 101! In the first three classes, (1.) Ruminating on the “R – Rights” of IPR!

IP 119

IP Fair Use Invention Copyright 119

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Before reading this post, read my new article, Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules. It explains why must-carry laws, including part of the Florida law, would accelerate the end of user-generated content. This is why I get so angry about anyone supporting these laws.

Social Media 99

Social Media Government Blogging Publishing 99

Michael Geist

APRIL 6, 2022

The fact that access to that content is far easier with hyperlinks than with footnotes does not change the reality that a hyperlink, by itself, is content-neutral – it expresses no opinion, nor does it have any control over, the content to which it refers. Rodriguez: Because there’s a value to that. Facebook Ad Library, [link].

Government 98

Government Business Journalism Marketing 98

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. The safeguards provision should learn from recent policy discussions on permissible filtering of copyrighted material and clarify the need for measures deployed by providers of generative AI to ensure the protection of transformative uses based on freedom of expression.

Copyright 138

Copyright Fair Use Copyright Law Law 138

IP Whiteboard

APRIL 15, 2021

Since that time, Meghan and Harry have been very open about their frustration with the British media’s negative coverage of Meghan, which The Duke and Duchess of Sussex consider to be laced with racially-charged undertones (while we’re on the topic, some unsolicited advice for readers: the Oprah interview is must-see viewing). Background.

Privacy 40

Privacy Copyright Publishing Law 40

Kluwer Copyright Blog

FEBRUARY 8, 2024

Image by Rudy and Peter Skitterians from Pixabay In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law.

Publishing 130

Publishing Contracts Art Copyright 130

Kluwer Copyright Blog

FEBRUARY 28, 2023

Grand Production d.o.o. v GO4YU GmbH ( Case C‑423/21 ) The facts of the case are representative of the grey areas of the application of copyright territoriality in the digital era. The applicant, Grand Production d.o.o., is a Serbian company which produces television programs that are broadcast in Serbia by a TV channel, Prva Srpska Televizija.

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Indian Perspective. Global Perspective.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

Art 135

Art Copyright Law Related Rights 135

Technology & Marketing Law Blog

OCTOBER 16, 2023

Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. [Sorry it’s take me this long to get this blog post off my desk. I hope it was worth the wait.] Of course, there will be an appeal, so the Internet’s fate remains unsettled.

Designs 78

Designs Design Privacy Business 78

Kluwer Copyright Blog

JANUARY 31, 2022

The topic of the 2014 paper was provided by Bernt Hugenholtz. Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. It derives from a paper given at the 25 th Anniversary celebration of IViR on 4 July 2014 and at the University of Oxford IP Moot “converzatione” on 18 March 2016.

Copyright 102

Copyright Intellectual Property Social Media Law 102

SpicyIP

JULY 19, 2021

Topical Highlight. She concludes that the 2021 can have a significant impact on freedom of expression of both filmmakers and members of the public. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. Not obtaining the author’s consent might lead to heavy penalties. Thematic Highlights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No. 21-869 (May 18, 2023).

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

SpicyIP

JULY 27, 2021

It seeks to protect and expand the right to freedom of speech, right to dignity and equality, right to assembly and association, and the right to privacy in the digital age, through rigorous academic research, policy intervention, and capacity building. For further details, please see the announcement below.

Government 105

Government Editing Privacy Technology 105

The IPKat

AUGUST 6, 2023

As IPKat readers know, it was only a couple of months ago that The IPKat celebrated its first 20 years of activity. The book, titled Developments and Directions in Intellectual Property Law. Twenty Years of The IPKat was published by Oxford University Press in spring 2023. My blog ended ignominiously in 2008, whilst the Feline lives forever.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Technology & Marketing Law Blog

NOVEMBER 1, 2021

As I mentioned , I’m part of a team organizing a special virtual event called the “Lessons from the First Internet Ages Symposium.” ” The event starts tomorrow 10am Pacific, and it’s not too late to sign up ! The event will explore themes that emerged from a package of essays from an all-star group of Internet legends.

Journalism 100

Journalism Government Technology Privacy 100

Kluwer Copyright Blog

FEBRUARY 1, 2022

The topic of the 2014 paper was provided by Bernt Hugenholtz. Part I of this post considered whether the ‘rules of the game’ or the CJEU’s Levola Hengolo requirement of ‘precise and objective ’ expression mean that football games are excluded from copyright. Ideas and expression in football: tricks, turns and strategies.

Copyright 52

Copyright Art Music Intellectual Property 52

The IPKat

AUGUST 11, 2022

KECOBO's advisory on memes and copyright law The advisory defined a meme as "an image, video or text used in social media for humorous or political banter and illustrative of a line of thought on a topic under discussion". Copyright law has a two-pronged relationship with fundamental human rights especially the right to freedom of expression.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

IP and Legal Filings

APRIL 8, 2024

Abstract article 370 which provides special status to the state of Jammu and Kashmir has been a topic od debate for a long time. Introduction Article 370 was an issue of great importance, especially because it was repealed in 2019.as as a result numerous changes were taking place in the region.

Government 52

Government Art Law IP 52

Michael Geist

DECEMBER 2, 2022

produces news content that is not primarily focused on a particular topic such as industry-specific news, sports, recreation, arts, lifestyle or entertainment. produces news content that is not primarily focused on a particular topic such as industry-specific news, sports, recreation, arts, lifestyle or entertainment.

Government 90

Government Journalism Business Licensing 90