Category: Copyright

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“Pirate Ships in Dangerous Waters!”

A recent decision of the Three-Member Court of Appeals of Komotini (Felonies Department), dated 19/11/2019, has been intensely debated by the national media as resulting to the first “real” prison sentence that has ever been imposed in our country to a website owner for illegally distributing copyright-protected content.  Although the judgement has not been published … Continue Reading

Joint authorship of copyright: UK Court of Appeal tears up the script

A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer – has this month produced a Court of Appeal decision centering on the parties’ own adjustment to reality. Apart … Continue Reading

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Benefit Corporationv. Wall Street.com, LLC (Fourth Estate), the Court resolved a long-standing split among the circuits over the requirement … Continue Reading

Th-Inking About The Law: Tattoos Leaving Indelible Marks On Black-Letter Principles & Coloring Our Perspectives

Tattoos, one of the oldest art forms in the world, are all over the legal news in recent years.  The news runs the gamut from a tattooist suing a movie studio over replication of Mike Tyson’s facial tattoo in The Hangover II to artists looking to gaming companies for compensation for reproduction of tattoos appearing … Continue Reading

The Role of Artificial Intelligence

The use of artificial intelligence (AI) in the fashion and beauty industries — and the marketing of the same — has steadily gained traction over the last few years and it’s not hard to see why. AI provides a myriad of opportunities and potential applications within the fields of fashion and beauty, but it can … Continue Reading

TheLegalBay.gr: No Pirates allowed

In the framework of its efforts against online copyright piracy, the Hellenic Copyright Organization (“HCO”, Greek Acronym “OPI”) launched, on August 1st 2019, a new web portal, under the domain name “theLegalBay.gr”. The new website aims to be the place where online users can easily find web platforms available either solely in Greece or worldwide … Continue Reading

What’s Going On? Another Marvin Gaye Lawsuit Tests the Limits of Copyright Protection

Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial. The dust had barely settled on the infamous “Blurred Lines” case when a second suit, this time targeting world-famous pop star Ed Sheeran, took another step closer to trial. Similar to the prior case, the battleground being … Continue Reading

WORLD FAMOUS (By, Say, New Jersey Standards): Expanding The Right Of Publicity Nationally And Internationally

Springsteen. Sinatra. Chuck Wepner (for at least one night in 1975 and then through the “Rocky” avatar). At least some of the people that rest stops on the New Jersey Turnpike are named after. These public figures are, or were, world-famous, and certainly had made a name for themselves outside of the Garden State, even … Continue Reading

TOP-10 IP Disputes in 2018

in PDF format CATEGORY: Trademarks CASE: Sony vs. PAG DETAILS: Resolution of the Constitutional Court No. 8-P dated 13 February 2018 SUMMARY: Unlike the counterfeit, the original (grey) product cannot be destroyed under the court judgment (unless it endangers human health, the environment or cultural heritage) and it is impossible to recover a large compensation… Continue Reading

Troubled Waters for Online Pirates in Greece

On November 6, 2018 a remarkable blow was delivered to online piracy in Greece. On that day, the newly-formed “Committee for Online Copyright Infringement” – informally and more descriptively also known as the Greek “Anti-Piracy Committee” – published its first decisions, ordering, by one of those (Decision No. 3/2018), all Internet Service Providers (ISPs) in … Continue Reading

Client Wants To Do Business in US, What To Do from an IP Perspective

The Amazon Marketplace, an online sales platform for third-party sellers, has seen a significant increase in popularity. It is not, however, the only third-party sales platform, Walmart.com, e-Bay, and Etsy are other popular marketplaces in the U.S., and all offer great ways for international sellers to enter the U.S. market. There are, however, some IP … Continue Reading

Copyright law update – proposed amendments to website blocking laws

Background The Copyright Amendment (Online Infringement) Act 2018 (Act) which passed both Houses of Parliament on 28 November 2018, and is due to commence the day after it receives Royal Assent, amends section 115A of the Copyright Act 1968 (Cth). Section 115A of the Copyright Act was introduced in 2015 and enables a copyright owner to apply to the … Continue Reading

“…this is my life”: Corporate Biography, Moral Rights & Being Slow To Berne

I don’t care what you say anymore this is my life Go ahead with your own life leave me alone. —Billy Joel, My Life People often do quite well financially selling their life story.  But stop and think for a minute what that statement means — “selling their life story.”  The complex personal investment each … Continue Reading

When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?

A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings; instead, the protection is in the particular photograph or rendering of the building. Creating an original depiction of a building or skyline that is not substantially similar to the photograph … Continue Reading

Street Art, Copyright Infringement, and De Minimis Use

The legal protections afforded to graffiti and “street art” artists have gained increased visibility in recent months. But while street art may be entitled to certain protections under the law, not every use of street art without permission will violate an artist’s rights. A recent decision from the U.S. District Court for the Southern District … Continue Reading

Smartphones, tablets, hard drives and the blank tape levy: Recent developments in Greece

The issue of the blank tape levy, due for certain devices and media which are suitable for the reproduction of protected works as equitable remuneration for the reproduction for private use, and which is payable by the importers or manufacturers of such devices, has often in recent years been a subject of dispute between creators, … Continue Reading

Fair is foul, and foul is fair: How TV Eyes May Help Us See Through The Blurred Lines & Fog Around Fair Use

First Witch:     When shall we three meet again/In thunder, lightning, or in rain? Second Witch:  When the hurlyburly’s done,/When the battle’s lost and won. Third Witch:    That will be ere the set of sun. *** ALL:                 Fair is foul, and foul is fair:/Hover through the fog and filthy air. [MacBeth, Act 1, Scene 2] … Continue Reading

Copyright ownership in workplace. The example of Greece.

Nowadays, intellectual property rights constitute very important assets of the companies. Therefore, in order to avoid conflicts and uncertainty, Greek legislation offers specific provisions concerning the ownership of inventions, designs and the copyright on a work created in the course of an employment relationship. These provisions could be of interest of any company operating in … Continue Reading

Trade Secrets as Part of Your IP Portfolio: The Case of Col. Sanders

Trade secrets, together with patents, trademarks, and copyrights, are one of the four main types of intellectual property.  Unlike the three other types of IP, trade secrets are never made public.  Trademarks and service marks are obtainable only through public use that creates an association between the mark and the origin of specific goods or … Continue Reading

Tomorrow Is Yesterday: Today’s Cases Boldly Going Where Our Blogs Have Gone Before

Sometimes blogging topics are hard to come by.  It is often difficult because, as a sage once noted in discussing the search for The Ultimate Computer, one wants to do one’s best, but something like creativity “doesn’t work on an assembly line basis. … You can’t simply say, today I will be brilliant,” insightful, informative … Continue Reading

TV FORMAT PROTECTION – MORE DETAILS NEEDED

Introduction From Bullseye to Mastermind and from The Chase to Eggheads, it is undeniable that the public love a TV game show.  Who (in the UK) doesn’t remember Judith Keppel sensationally becoming the first winner of Who Wants to be a Millionaire?  A total of 14.9 million UK viewers (that is about a quarter of … Continue Reading

Towards an effective legal framework for the protection of intellectual property rights from online infringements in Greece

The protection of copyright from infringements taking place via the Internet has been in Greece until today extremely inefficient and time-consuming. Legal experts and copyright holders hope that this situation will alter soon. On July 2017, a new Copyright Law 4481/2017 was adopted amending the existing Copyright Law 2121/1993. The new Law provides dispositions aiming … Continue Reading
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