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Month: July 2020

“Simple measures” to avoid contributory copyright infringement

Whether a data-center service provider has taken adequate “simple measures” to avoid contributory copyright infringement if it forwarded notices of such infringement to the hosting website – and every alleged infringed material was taken down.

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A claim concerning mainly ownership accrues only once

This case concerns the alleged copyright infringement of a lightning storm graphic that originally appeared on the guitar of Darrell Abbott, late guitarist of the heavy-metal band Pantera.

Buddy Webster is a guitar maker and technician who goes by the name “Buddy Blaze.” In 1985, he modified a Dean ML guitar, produced by Dean, and paid someone to paint a lightning storm graphic on the guitar. In 1987, Webster gave the guitar to his friend Darrell Abbott.

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MakeUp copyright

Whether a human body part may qualify as a “tangible medium of expression” for Makeup copyright purposes?

Mourabit is a makeup artist, and in 2013, he “did the make up artistry” for a fashion photo shoot organized by W Magazine. Klein was the photographer at the Photo Shoot.

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Whether there is a nearly per se rule against trademark protection for a “generic.com” term?

A generic name – the name of a class of products or services – is ineligible for federal trademark registration. Booking.com, an enterprise that maintains a travel-reservation website by the same name, sought federal registration of marks including the term “Booking.com.”

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SWD IA on the EU copyright modernization – impacts of third option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators supported by a contract adjustment right and a dispute resolution mechanism

I. Contract adjustment mechanism

This mechanism would improve the effectiveness of the reporting obligation under Option 2 since it would provide creators with legal means to request adjustment of the remuneration on the basis of the information received in reporting statements.

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Third edition of USA copyright office compendium – pantomimes

The Copyright Act recognizes pantomime as a distinct category of copyrightable authorship. The statute does not define “pantomime.” However, the legislative history states that this term has a “fairly settled meaning.”

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Googles v Google

In 1995, Steven Silvers created the Googles brand. Two years later, he registered the Googles trademark and the internet domain name www.googles.com. The website launched in 1998 as a children’s education and entertainment website. That year, the search engine Google adopted the Google name. Subsequently, in 2005, Silvers sued Google for trademark infringement.

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EU illegal IPTV research – the actors of the illegal IPTV ecosystem

Another part of fundamental EU research on IPTV. Now – actors and ecosystems participants. The ecosystem for unauthorised IPTV includes several actors. They consist of primary infringers (the providers of the unauthorised content), a series of active and passive intermediaries, and final consumers. In addition, a number of facilitators and enablers can also be involved by giving instructions and providing tutorials for the installation of middleware — software instrumental for the fruition of the unauthorised content.

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The paparazzi images are further from the core of copyright protections than creative or fictional works would be

Rebecca Fay Walsh is a Brooklyn-based professional photographer who licenses her photographs to online and print media for a fee. Townsquare Media is a Delaware-incorporated business that owns and operates an online website called XXL Mag (“XXL”).

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