Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

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Copyright Moral Rights Copyright Infringement Marketing 103

TorrentFreak

NOVEMBER 26, 2021

Rapid copyright takedowns, trusted flaggers, and other types of enforcement are all hot topics. For many years groups like the MPA and IFPI have sought to decrease the so-called “safe harbor” protections available to various online intermediaries and service providers. No New Safe Harbors For Search Engines.

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Due Diligence Music Business Copyright 120

The IPKat

JULY 20, 2021

Chapter 15, by Stacey Dogan , addresses intermediary liability from a US perspective [earlier work here ]. Chapter 16, by Ansgar Ohly , rounds off the volume with a comparative study of the US and EU intermediary liability doctrines [earlier work here ]. Dogan criticizes a strand of U.S.

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The IPKat

NOVEMBER 27, 2021

The topic of the intersection between private international law and IP law is continued in Chapter 2 by Graeme W. This topic has become increasingly relevant in recent years, especially with the development of online copyright and trade mark infringement (which has brought online intermediaries into the spotlight).

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Intellectual Property IP Law Privacy 144

The IPKat

MAY 31, 2022

TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. The case involved infringing non-fungible tokens offered on the online marketplace and resulted in one of the country's first judgments on NFTs and copyright infringement through an online intermediary.

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Blogging Non-Fungible Tokens IP Reporting 76

TorrentFreak

NOVEMBER 20, 2023

Conducted by the Culture, Media and Sport Committee, the inquiry invited submissions from stakeholders on numerous topics, including the identification of barriers to maintaining and increasing overseas investment. That, or the information they can provide has clearly been stolen, falsified, is incomplete or otherwise misleading.

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Cinema Intellectual Property Television Government 96

The IPKat

JUNE 3, 2022

Preliminary remarks The AG began his Opinion noting how the topic of intermediary liability has always raised novel questions over time. He nonetheless conceded that it is not entirely clear which situations fall within the notion of use of a sign by an intermediary in the context of its own commercial communication.

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Marketing Marketing Advertising Advertising 52

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. If this period lapses and the content is still available, IGAC notifies the intermediary network services provider to remove or disable access to the content in question.

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Copyright Related Rights Ownership Copyright Infringement 52

Technology & Marketing Law Blog

MARCH 8, 2024

This includes the rules as set by rightsowners in ex parte proceedings, which can deviate widely from standard doctrine–it’s whatever the rightsowners can get the judges to agree to–and the rules set by third-party intermediaries, such as online marketplaces.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

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.

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The IPKat

FEBRUARY 27, 2022

It will discuss how content providers can effectively regulate and enforce this balance in their role as intermediaries in this ecosystem through their private norms, particularly end-user license agreements (EULAs) and terms of use/service. More information about the proposed topics and the scientific committee can be found here.

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Intellectual Property Registration Licensing Copyright 67

TorrentFreak

FEBRUARY 24, 2023

Liability, Pressure on Intermediaries Other options under discussion include increased liability for intermediaries and requirements for ISPs and OSPs to obtain and retain more detailed customer information. In the short term, rightsholders will continue to request subpoenas, hoping that information held by U.S.

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Publishing Advertising Advertising Music 120

SpicyIP

FEBRUARY 27, 2024

Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. As Yogesh Byadwal’s most recent post on this topic made me think. Intrigued, I parsed the past posts to understand how the discussion on this topic has evolved over the years. Well … not really! Statutory Law.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

TorrentFreak

FEBRUARY 1, 2023

And while we’re on the topic, it’s worth mentioning the sites that have been removed from the notorious markets list following appearances last year. Other domains from the same group are not called out and remain online. Dropouts We expect that istream2watch.com won’t be used as an example next year.

Marketing 121

Marketing Marketing Social Media Reporting 121

LexBlog IP

JULY 20, 2023

The DSA will begin to apply to designated very large online platforms ( VLOPs ) and very large online search engines ( VLOSEs ) from the end of August 2023, with the DSA becoming fully applicable to all other in-scope online intermediary services from February 2024.

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Government Publishing Reporting Designs 40

Michael Geist

APRIL 6, 2022

An eligible news business is is defined as either a Qualified Canadian Journalism Organization (a definition from the Income Tax Act) or a business that meets similar requirements as the QCJO (general interest news content production, 2 or more journalists, operate in Canada, news not limited to a specific topic).

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The IPKat

SEPTEMBER 30, 2022

Marco Spolidoro gave a lecture on the very topical subject of NFTs (which this blog recently covered here ). seems to put the platforms in the position of earlier “cultural intermediaries”. Chinese cardinal and “intermediaries” colors, which may always serve as Kat guidance?) b) users, in particular given that Art.

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Reporting Copyright Intellectual Property Moral Rights 91

The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them.

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Reporting Law Due Diligence Branding 128

TorrentFreak

OCTOBER 8, 2021

Hosting providers are generally seen as neutral intermediaries but some copyright holders believe that these companies should bear more responsibility. This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. courts as well. Lawsuits Target VPN Piracy.

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Kluwer Copyright Blog

FEBRUARY 28, 2023

44) in order to propose a consolidated criterion for the determination of copyright infringement by an intermediary on the basis of their “bad faith”. The “bad faith” of the platform Another thought-provoking conceptual contribution of the Opinion is that the AG builds on the CJEU’s findings in Stichting Brein (par.

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. Content moderation is a topic dealt with elsewhere in EU law by the Digital Services Act (DSA) and, for copyright protect content, in inter alia Article 17 CDSM Directive.

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Copyright Fair Use Copyright Law Law 138

Velocity of Content

MARCH 22, 2023

In a “digital first” age without a role in many cases for an intermediary who knows the “secret,” these will only continue to grow in proportion to the whole. For more details on this complicated topic, see Circular 30.) However, many works indeed are published without an author attribution.

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Copyright Publishing Social Media Artistic Work 98

Michael Geist

MAY 16, 2022

Instead, the bill triggers a system of mandatory compensation where news content is made available by Internet platforms, called digital news intermediaries (DNI) in the bill. These DNIs will surely include Google and Facebook, but could extend to Twitter, LinkedIn, Apple, and many others. What does it mean to make news content available?

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Government Copyright Law Marketing Marketing 96

TorrentFreak

MARCH 10, 2023

Softer, More Cooperative Tone There is no such thing as a friendly anti-piracy report, the topic immediately rules that out, but the language and tone in the Industry Trust’s publication is interestingly close. Our initial article focused on just one item in the report but something much more fundamental ran throughout.

Government 100

Government Reporting Due Diligence Copyright Infringement 100

LexBlog IP

MAY 3, 2023

Data access application and procedure: Digital Services Coordinators (DSCs) in the Member States will play a key role in assessing researchers’ applications and they will act as intermediaries with the platforms. How should the application process be designed in practice? The Consultation will run until 23 May 2023.

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Designs Design Confidentiality Business 52

LexBlog IP

JUNE 16, 2022

Sometimes the FTC will do reports on its own initiative (such as the recently announced pharmacy benefit managers (PBMs) study ), but other times, Congress will, through legislation, require the Commission to prepare a report on a specific topic, and that is often done as part of the agency appropriation process.

Reporting 52

Reporting Law Intellectual Property 52

SpicyIP

JULY 5, 2021

Topical Highlight. In India, Twitter has lost its intermediary role and is now editorially liable for the content that users publish. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. Golden Tobacco Ltd. He also said that MSD wants to join the UN-backed Medicines Patents Pool (MPP) to expand access to the drug.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Technology & Marketing Law Blog

JANUARY 19, 2023

This case may be a potential attempt to impose liability on intermediaries for lawful-but-awful content. Third, this lawsuit overlaps the broader censorial efforts to impose liability for social media addiction, including an MDL on that topic in the Northern District of California.

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False Advertising Social Media Publishing Advertising 86

Kluwer Copyright Blog

DECEMBER 28, 2021

For the core topic examined in the report, namely the remedies against online piracy of sport event broadcasts and the procedural rules, despite the aforementioned differences between the countries, the approaches and solutions taken reveal some significant trends.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

Velocity of Content

DECEMBER 6, 2023

On the assumption that readers might be interested in this topic and less interested in reviewing all the responses, I have pasted below a selection of questions and answers from Copyright Clearance Center’s (CCC’s) own response. With 34 questions asked about both copyright and technology, some parties responses exceed 100 pages.

Copyright 98

Copyright Fair Use Licensing Copying 98

SpicyIP

FEBRUARY 5, 2024

Last week we published 9 posts on topics such as the Patent (2 nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. 4 to be removed from the array of parties considering that it’s only an intermediary.

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

Michael Geist

SEPTEMBER 21, 2022

Instead, the bill triggers a mandatory compensation process where news content is “made available” on Internet platforms, called digital news intermediaries (DNI). These DNIs will surely include Google and Facebook, but could extend to Twitter, LinkedIn, Apple, and many others. What does it mean to make news content available?

Government 95

Government Journalism Advertising Advertising 95

43(B)log

JUNE 29, 2023

Joris van Hoboken: Intermediary liability part of DSA is well-known and there’s a lot of consistency with prior practice—DSA adds a few elements. Might be broken down by topic. Justin Hughes: Some topics here are premature, others old hat (trusted flaggers). The DSA is more like that. [Is Take on the known unknowns at least.

Law 52

Law Privacy Litigation Social Media 52

LexBlog IP

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. Reddit, Inc. Reddit users can create and moderate each subreddit thread and in turn, Reddit employees can remove moderators, content or other posts that violate its policies. The plaintiffs in Jane Does v. [and]

Advertising 52

Advertising Advertising Litigation Law 52

Corsearch

FEBRUARY 3, 2023

We received a number of fantastic questions, covering topics such as the implications of recent legislation on Cloudflare’s operations, enforcement best practices and alternate forms of recourse, and further insights on what Cloudflare should be doing to tackle the issue. In the second half of the session, we hosted a Q&A with viewers.

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Social Media Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JULY 27, 2021

The team’s ongoing work includes privacy and data governance/protection, surveillance, freedom of speech and expression, misinformation, regulation of emerging technologies like artificial intelligence, 5G and IoT, platform regulation, and intermediary liability.

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Government Editing Privacy Technology 105