Copyrights

On the Road to a Modern Copyright System — Josh Simmons provides a thorough look at the history of copyright registration in the U.S., chock-full of interesting trivia and tidbits. European Copyright Reforms Clear Final Hurdle at EU Before Heading Back to Member States — The sweeping set of reforms, ... Read More

Back in March, comedian Miel Bredouw found herself in a very public battle with the site Barstool Sports. According to her, the site has reposted a video she had created two years prior and did so without attribution or permission. According to Bredouw, she filed a Digital Millennium Copyright ... Read More

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Overhaul of EU Copyright Laws Clears Final Hurdle First off today, Natasha Bernal at The Telegram reports that the European Council has given final approval for the controversial copyright directives, including requirements that sites prevent the ... Read More

In late March of this year, I travelled to Canberra, Australia to deliver a keynote address at the Australian Digital Alliance’s 2019 Copyright Forum. The ADA is a leading voice on copyright issues in Australia and its annual Copyright Forum brings together government, creators, education, libraries, and the broader public ... Read More

Photo from PetaPixelLast week, the world was marveling at the first-ever image captured of a black hole. Captured by the Event Horizon Telescope, it was an amazing feat of scientific achievement that took a massive amount of time and required collaboration of scientists all over the globe. The image was ... Read More

NYT:  Peter Max’s Studio Is Sued by a Longtime Seller of His Art. ... Read More

What if copyright law took authors rights seriously?  Many groups claim to do so, but Professor Rebecca Giblin, one of the world’s leading experts on creator copyright, isn’t convinced. Professor Giblin argues that creators are often placed at the centre of the debate only to be largely ignored by other ... Read More

The 3rd U.S. Circuit Court of Appeals sitting in Philadelphia must be hoping not to slip up on the appeal being heard in the case between Kangaroo Manufacturing which is now the subject of an injunction issued by federal trial judge preventing it making a banana costume that seemingly resembled ... Read More

Caterina SgangaAfter years of contradictory decisions and obiter dicta, on April 2, 2019 the CJEU held the first hearing in Tom Kabinet (C-263/18), a Dutch referral that promises to solve once and for good the question of admissibility of digital exhaustion under Art. 4(2) InfoSoc. Against the legislative silence, Tom ... Read More

Can a "prevailing party" in a copyright or trademark action obtain attorneys fees even if the victory had nothing to do with the Copyright Act or Lanham Act?   The Second Circuit, in a pair of recent decisions involving alleged infringement of test preparation materials, says "yes."Manhattan Review Test PrepIn Manhattan Review LLC ... Read More

On March 6, 2019 the Copyright Board appears to have turned over one new leaf by asking for comments more than three years after the close of the hearing from “affected persons” on the “feasibility and clarity of the terms of the tariff” with respect to Access Copyright’s proposed tariffs ... Read More

This week in other IP news, recently released data shows that worldwide revenues for music copyright exceeded $28 billion in 2017, up $2 billion over 2016; reports surface about the  “reverse patent trolling” issue in China; Google retains Williams & Connolly for Supreme Court battle with Oracle despite Shanmugam exit; ... Read More

This week in other IP news, recently released data shows that worldwide revenues for music copyright exceeded $28 billion in 2017, up $2 billion over 2016; reports surface about the  “reverse patent trolling” issue in China; Google retains Williams & Connolly for Supreme Court battle with Oracle despite Shanmugam exit; ... Read More

Online piracy, that bugbear of copyright owners, has received significant attention from courts in India and abroad, which hope to craft an elegant solution to protect rightsholders interests in a digital economy, who face inherent limitations considering the manner in which data sharing and information flows over the internet work. ... Read More

The Golden Age of YouTube is Over — There was a time in the early days of the internet when existing creative industries were decried as legacy dinosaurs, and user-generated services like YouTube were hailed as ushering in a new era of culture and creativity. Verge‘s Julia Alexander reports that ... Read More

Recently, the New York Times and Vulture wrote seemingly back-to-back articles about how composers, in particular pop song composers, are dealing with the changes from the Blurred Lines verdict. Both articles looked at how appropriation and remix culture have changed over the decade and how, in 2019, many ... Read More

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Twitter Removes Trump’s Video Featuring Music From the Dark Knight for Copyright Infringement First off today, Nick Statt at The Verge reports that a video tweeted by President Donald Trump has been deleted from Twitter following a ... Read More

The Horizon Comics Productions v. Marvel Entertainment suit (Southern District of New York, 16-cv-2499) is still pending. What is the case about?Ben and Ray Lai are two brothers who own Horizon Comics Productions and created the comic book series Radix in 2001. Only a few books were published in 2001 ... Read More

The Sony Betamax case may be familiar to some readers of this blog. The US Supreme Court ruling first elaborated the concept of ‘substantial non-infringing use’ as applied to the sale of technologies which could enable piracy or copyright infringement. In many ways, this ruling and the rationale behind it ... Read More

Disney has been on something of a remake/sequel frenzy as of late. Not only did it just release a live-action remake of Dumbo, but, according to Time Magazine, it has another 11 other sequels or remakes in the works. While this spate of remakes has been met with a ... Read More

Kluwer Copyright BloggerTo ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs.  Here are the top posts from January, ... Read More

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The Weeknd Sued By British Songwriting Trio Over ‘A Lonely Night’ First off today, Michael Saponara at Billboard reports that The Weeknd, birth name Abel Tesfaye, is being sued by a group of three British songwriters that ... Read More

Join us on April 9, 2018 for a live Continuing Legal Education webcast of  the story of how the ownership of an Assyrian gold tablet excavated in 1913 from the Temple of Ishtar ended up before New York’s Court of Appeals. In an image-packed presentation, New York attorney Ray Dowd will narrate ... Read More

This time it's Mercedes-Benz suing four artists who they claim "have threatened to sue for copyright infringement."  They're seeking a declaratory judgment of non-infringement:"The legal action revolves around photos posted on Mercedes-Benz’s Instagram profile in January 2018 (that have since been deleted) promoting the automaker’s luxury sports utility vehicle, the ... Read More

This week in Other Barks & Bites: a trio of U.S. Senators introduce a bill for countries and municipal governments that want to register trademarks; Williams-Sonoma and Amazon go to court in trademark case over rights to resell merchandise; Apple wins a ruling that ends a seven-year long dispute over ... Read More

This week in Other Barks & Bites: a trio of U.S. Senators introduce a bill for countries and municipal governments that want to register trademarks; Williams-Sonoma and Amazon go to court in trademark case over rights to resell merchandise; Apple wins a ruling that ends a seven-year long dispute over ... Read More

Have Songwriters Turned the Tide Against Big Tech? (Guest Column) — NMPA President David Israelite writes, “What’s astounding about this progress is the imbalance of influence is so dramatic. It is remarkable that anyone could stand up to the likes of Google, Amazon, Spotify and the other tech titans who ... Read More

Yesterday, payment company PayPal announced that they were no longer going to offer services to essay writing companies, often referred to as essay mills, forcing such services to find new ways to accept payments. The move comes after the UK Education Secretary Damian Hinds called on PayPal to stop ... Read More

Sabine Jacques and Krzysztof GarstkaThe European Parliament has just approved the new text of the copyright directive, which will now go to the Council for a final vote on April 15th, 2019. This legislation not only modifies the copyright framework as set out in the Information Society Directive (Directive 2001/29/EC) ... Read More

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Leaders Hint Poland Will not Fully Apply EU Copyright Law First off today, Monika Scislowska at Phys.org reports that Poland’s leaders have hinted that they will not fully implement the recently passed EU copyright directive saying that, ... Read More