Tag: copyright

SECONDS & LEFTOVERS AFTER THANKSGIVING: Cleaning Up & Emptying Out The IP Fridge

The American holiday of Thanksgiving is tradition-laden and is celebrated as much for the leftovers after that November Thursday as it is for the turkey on that day, at least according to the US Department of Agriculture.  Indeed, Americans “idolize Thanksgiving left overs,” and the “[t]he overstuffing of America’s fridges has become something of a … Continue Reading

Just Humor Them: Jests, Jokes, Satire, and Parody In Infringement and Defamation Cases

Legend has it that shortly after Adam was created, he complained: ‘O, Lord! you have given the lion fierce teeth and claws, and the elephant formidable tusks; you have given the deer swiftness of legs, and the turtle a protective shell; you have given the birds of flight wings, but you have left me altogether … Continue Reading

Copyright Infringement before the Copyright Claims Board?

Suppose you have not registered your copyright in a book with the U.S. Copyright Office until someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you can prove that the alleged infringer has infringed your work and you can prove that the infringement caused you lost sales, lost opportunities … Continue Reading

A PORTRAIT OF AN ARTIST AS A YOUNG…CODE(R)?: Why Understanding Artificial Intelligence & Real Creativity Shouldn’t Make The Artist A Dunsel

Art, said Stephen, is the human disposition of sensible or intelligible matter for an esthetic end.” ― James Joyce, A PORTRAIT OF THE ARTIST AS A YOUNG MAN, Chapter V   [T]he application…identified the author of the Work as the ‘Creativity Machine,’ and noted it was ‘Created autonomously by machine.’ —Complaint, paragraph 17 in Thaler … Continue Reading

Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The … Continue Reading

Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the copyright application issued into a copyright registration? You subsequently find that someone is infringing your copyright registration and you … Continue Reading

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

Introduction GEA is the Common Collecting Society of GRAMMO (Collecting Society of Music Producers), ERATO (collecting Society of Performers), and APOLLON (Collecting Society of Musicians). It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and … Continue Reading

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

Our favorite thing about spring [is] spring cleaning. It’s a way to say, “I’m dusting off the winter blues and coming out of hibernation.”… At the office, spring cleaning can take on a whole new meaning. It is a chance to reorganize and refresh your workspace and your workflow. Plus, organizing will actually improve your overall focus and … Continue Reading

Anti-piracy committee and new legal framework according to Law 4821/2021

Anti-piracy committee Τhe Committee for the Notification of Copyright and Related Rights Infringement on the Internet (known as the “anti-piracy committee”) was first established under Law 4481/2017. Its aim is to deal with cases of online infringement of copyright and related rights through an extrajudicial mechanism. The anti-piracy committee consists of three members: the president … Continue Reading

Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse

Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs. NFTs are digital records of data stored on a … Continue Reading

Case study: “copyright-free” in-store music and collective management

Facts Company A (a Greek company) provides music programmes – based on a specific repertoire and intended to function as background music – to retail stores and, more broadly, to commercial or workplaces. Such music is used as a background for the broadcasting of advertising messages that are heard in such commercial spaces on a … Continue Reading

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey Reaction To Sovereign Immunity, Intellectual Property, & Takings

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past here and there).  When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering … Continue Reading

Damages for Copyright Infringement before You Register Your Copyright

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book.  Let’s also suppose you are able to prove that the alleged infringer has infringed your work and you have notified the alleged infringer … Continue Reading

Reverse Class Actions in Canada: A New Form of IP Litigation

On September 8, 2021, the Federal Court of Appeal (FCA) in Canada released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 which considered whether a reverse class action, a term used colloquially to describe where a plaintiff seeks certification of a respondent/defendant class proceeding, could be pursued in connection with a copyright … Continue Reading

THE PARASKAVEDEKATRIAPHOBIA PRECEDENT: Why Friday The 13th Decision Raises Fear Of Slashing Long-Held Copyrights

Admittedly, the second word in that title is a mouthful—but Paraskavedekatriaphobia is a real word, with an etymology and definition.  It even has a synonym, friggatriskaidekaphobia.  Each means “fear of Friday the 13th.”    Though I am tempted to write this October piece about Halloween (whether it is the day or the movies by that name, … Continue Reading

Can You Register a Copyright on a Website or Web Page?

Suppose that you have expressed your idea into a tangible form such as a website or web page.  Although your copyright exists upon the moment of creation, do you have a valid copyright on the website or web page?  Should you register your copyright on the website or web page with the U.S. Copyright Office?  … Continue Reading

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert, Google’s use … Continue Reading

Collective management of copyright and neighbouring rights in Greece

Introduction Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). These rights include: the right to fair remuneration for reproduction for private use (known as “blank tape levy”), which is calculated at a percentage of the … Continue Reading

Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It is easier and cheaper than ever for bad actors to use online tools, whether it be websites, platforms, or online profiles, … Continue Reading

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

The title of this piece tracks a common “phrase of exasperation used to emphasize a question or statement.”  If that be the case, and I think it is, then the subtitle implies the question this piece will address.  That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent … Continue Reading

INTERNET MEMES IN RUSSIAN PRACTICE: IP PROTECTION AND PERSONALITY RIGHTS ISSUES

When we say “meme”, we usually mean an internet meme. An Internet meme is an idea (and some content embodying this idea) spread via the Internet. Memes are usually created in the internet community for humorous purposes. However, memes in practice may raise issues associated with copyright, registration of trademarks, or even with personal data … Continue Reading

Rights in audiovisual works under Copyright Law

Authors’ rights According to the Copyright Law, authors of audiovisual works have various rights, including: producing fixations or reproductions of the work; making the work available to the public (eg, by publishing it on an on-demand video service); broadcasting the work on TV or the radio; and communicating the work to the public.… Continue Reading

Entitled To Copyright Erasure?: A Fair Use Search For A Derived Yet Transformational Work

The title is the first thing the reader sees or hears …—and getting it right is the single most important … decision you’ll make. The title forms the basis of the reader’s judgment ….” Tucker Max For those of you who may read my past ILN posts, you will not be surprised that I subscribe … Continue Reading

Infringers Beware – The U.S. is Emphasizing Copyright Enforcement

The United States received two major copyright updates in the middle of the pandemic.  Copyright owners should breathe a sigh of relief.  On December 27, 2020, as part of the major COVID-19 Relief bill, the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”) and the Protecting Lawful Streaming Act of 2020 (the … Continue Reading
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