IP & Related
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‘We’ve started to confuse fair use with pirates’

A GROUP of Australian actors, artists, writers and musicians have launched a campaign to prevent changes to copyright laws which they say will hurt artists and stifle the country’s creative industries.
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Duran Duran lose case, brought in UK, over US copyrights

LONDON, Dec 3 — A decision from the UK High Court of Justice yesterday has ruled against Duran Duran over the band’s attempt to reclaim, stateside, the publishing copyrights on over three dozen songs including some of their most well-known hits, Hungry Like the Wolf.
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How copying is done should matter in copyright infringement complaints

An artist painstakingly recreates the “Mona Lisa” using the same variety of paints, brushes and canvas as did Michelangelo. Across town, a factory stamps out hundreds of replicas of the iconic painting each day, using state-of-the-art printing.

In a copyright infringement case, is there any legal difference between the lovingly recreated painting and one of the mass-produced prints made by the factory?
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High Court's decision on nightclub manager's personal liability for copyright infringement

In October this year the High Court found the designated premises supervisor of a nightclub in Essex personally liable for authorising and procuring acts infringing copyright as a result of the unlicensed playing of sound recordings at the nightclub she managed. This decision acts as an important reminder to nightclub managers of the personal liability they could face due to a failure to comply with the laws relating to copyright infringement.
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Why You Can't Copy a Recipe Book - Plagiarism Today

U.S. Copyright Law is extremely clear, copyright “Does not protect recipes that are mere listings of ingredients.”

As such, your grandmother’s secret recipe for pumpkin pie joins the ranks of high fashion and phone books as things that can not be copyrighted.
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Publishers say photocopying copyrighted work for distribution to public illegal

New Delhi: Reproduction of copyrighted work for distribution to the public is not legally permissible and would amount to infringement under the law, a group of international publishers told the Delhi high court on Tuesday.
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3D Printing and US Copyright Law by Peter S. Menell, Ryan G. Vacca :: SSRN

This article explores how 3D printing fits within US copyright law. US copyright law provides a well-developed general framework for the protection of creative
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Why Taylor Swift Is Asking Congress To Update Copyright Laws

It's an ongoing standoff between musicians and Google's YouTube: Who should be responsible for removing unauthorized copies of songs posted online?
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Online copyright: Are you a pirate? | Lexology

The internet continues to make sharing and using images easy, making it dangerously simple to infringe copyright.

The recent Federal Circuit Court decision in Weller v Smith[1] (Weller) is a timely reminder that images found online may be protected by copyright – and penalties apply for infringement. We provide three key tips to reduce your risk of copyright infringement online.
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Ensuring copyright protection | Invest in NZ

The government is updating copyright regulations to ensure the Copyright Act 1994 full takes account of New Zealand international copyright obligations, says Commerce and Consumer Affairs Minister Paul Goldsmith.
“When a foreign work is protected by copyright in New Zealand, it is protected because of international agreements to which New Zealand is a party to. Our Copyright Act needs updating from time to time to ensure continuity with our international obligations,” says Mr Goldsmith.
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Progress Against Piracy: MPA finds Asia-Pacific allies in copyright-infringement fight | Film Journal International

2016 marks the tenth year that the Motion Picture Association has partnered with CineAsia, the only international convention dedicated to Asian cinema exhibition and distribution, to present its annual Asia-Pacific Copyright Educator (ACE) Award honoring individuals throughout the region whose tireless work has served to raise awareness in their markets about the value of screen content, and the need to provide a strong copyright framework for filmmakers.
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Richard Prince May Offer the SDNY Another Chance to Define Transformative Use of a Work

Readers of this blog may remember that Richard Prince used various photographs protected by copyright to create his New Portraits exhibition. He had commented, cryptically, or nonsensically, whatever your mood is, below several photographs which had been uploaded by others on Instagram. He then printed the results on canvas to create a series of works, New Portraits, which has been shown in New York. Prince has been sued by some of the copyright holders of the original works (see here and here). One of these cases, Donald Graham v. Prince, is still pending at the SDNY.
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Tweet from @OpenAccessEC EUA response to the European Proposal for a Directive on Copyright in the Digital Single Market.

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Burlington Stores named in lawsuit over copyright infringement of textile design

According to the complaint, the plaintiff alleges that Unicolors Inc. is the owner and author of a two-dimensional artwork under the title “TM1397" and was granted registered copyright from the United States Copyright Office for the subject design. The plaintiff claims the defendants have copied, purchased, marketed, manufactured and/or distributed garments that are identical to plaintiff's design.
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Recent study on lost copyright royalties may reopen WTO case on Section 110 exemptions in U.S. - IPWatchdog.com | Patents & Patent Law

U.S. copyright law sets up a system within which the owner of copyrighted material may license that material to another party for public performance. In the world of music performance, many of those licenses are negotiated by performing rights organizations which represent copyright-owning songwriters and composers, including the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music Incorporated (BMI) and the Society of European Stage Authors and Composers (SESAC).
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Corporations Have No Moral Rights over Works in France, Even if They Commissioned It

The French Cour de cassation, France’s highest judiciary court, held on November 16 that a corporation cannot have moral rights over a work, even if it had commissioned the work or if the work was created by one of its employees.  

Article L. 111-1 of the French intellectual property Code (CPI) gives authors both patrimonial and moral rights. Moral rights, which are perpetual, inalienable and imprescriptible, are the right of respect for the author’s name and status, and the right of the respect of the integrity of the work.
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Copyright in the digital single market [EU Legislation in Progress]

On 14 September 2016, the European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market. The proposal aims at further harmonising the EU copyright framework taking into account the increasing digital and cross-border uses of protected content.
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Bloomberg Law Brief: Cheerleading Uniforms go to Court (Audio)

Susan Scafidi, director of the fashion law institute, and Christopher Buccafusco, a professor at the Cardozo Law School, discuss a Supreme Court case, which will decide whether cheerleading uniforms can be copyrighted under federal law. They speak with Greg Stohr on Bloomberg Radio’s "Bloomberg Law."
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CONFIRMED: Kylie Jenner to Face Copyright Infringement Suit Over Cosmetics Imagery

Of the existing information that has been published about the impending Haggerty v. Jenner legal battle, TMZ – which has taken to providing legal commentary it seems –  noted that while ideas are not protected by copyright law, the expression of such ideas is, in fact, protected.
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Research looks at 3D printing within the law

Do you know your rights when it comes to 3D printing and design?In Legal Aspects of Protecting Intellectual Property in Additive Manufacturing, authors Brown, Yampolskiy, Gatlin and Andel, from the School of Computing at the University of South Alabama, examine this topic at from four different stages of the design process: the blueprint; the print
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LIBER: Working For You In Brussels - LIBER

In the coming six months, libraries have a unique opportunity to influence how European copyright law will be developed. LIBER is at the heart of the action, making sure the interests of Europe’s research libraries are heard.

We’re collaborating across our network, to ensure that Members of the European Parliament (MEPs) consider libraries as they debate, amend and adopt measures relating to issues including text and data mining, copyright and education, digital preservation and e-lending.
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Creators Of 'Jersey Boys' Found Guilty Of Copyright Infringement

A federal jury in Nevada returned a verdict finding that director Des McAnuff and writers Marshall Brickman and Rick Elice had copied substantial portions of another work without permission when writing the script of Jersey Boys. Ten-percent of the show’s success, the jurors determined, is attributable to their unlawful infringement of an unpublished autobiography, Tommy DeVito – Then and Now.
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YouTube protects rights with AI

YouTube is using artificial intelligence to thwart a game of cat and mouse by users circumventing copyright.

The Google-owned service already has algorithms for detecting copyright movie, video and music content that users post on YouTube.
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Public libraries can lend e-books, rules EU court

Public libraries across the EU can lend electronic books (e-books) in a similar way to physical books without falling foul of copyright laws, the EU's highest court has ruled
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CHOICE 2015 piracy survey shows government actions are ineffective

One third of Australians download, stream or watch pirated TV shows or movies online. And in our follow-up to our 2014 Piracy Survey, we've found the same answer again to the why: price and availability. The most frequent pirates are also the biggest consumers of paid and unpaid legal content and many exhaust the legal options before infringing online.
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