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Category: Copyright

When does the Fourteenth Amendment care about copyright infringement?

In 1717, the pirate Edward Teach, better known as Blackbeard, captured a French slave ship in the West Indies and renamed her Queen Anne’s Revenge. The vessel became his flagship. Carrying some 40 cannons and 300 men, the Revenge took many prizes as she sailed around the Caribbean and up the North American coast.

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Revisions to section 512 should take into account differences within and among stakeholder classes

Requirements that pose a relatively minimal burden for large, established OSPs could be crippling for a small startup that lacks access to enterprise-level technology. Larger rightsholders with in-house enforcement teams may have more resources to monitor online infringement than small rightsholders that must face a choice between devoting their time to creative endeavors or to enforcing their rights.

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If the complaint is insufficient as to only the registration ground, if shouldn’t be dismissed with prejudice

In August 2013, Ricky Martin and Sony… claimed that they were sponsors” of and advertised the “SuperSong” contest. The contest was a competition; each participant was required to compose a song with lyrics in English, Portuguese, or Spanish. The participants were required to submit their songs in “video format showcasing the performance of the composer” by January 6, 2014.

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SWD IA on the EU copyright modernization – Out-of-commerce works

Would it be necessary in your country to enact legislation to ensure that the results of the 2011 MoU (i.e. the agreements concluded between libraries and collecting societies) have a cross-border effect so that out of commerce works can be accessed across the EU?

Would it be necessary to develop mechanisms, beyond those already agreed for other types of content (e.g. for audio- or audio-visual collections, broadcasters’ archives)?

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Third edition of USA copyright office compendium – audiovisual works

What Is an Audiovisual Work?

The Copyright Act defines audiovisual works as “works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.”

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Whether Section 120(a) limits the copyright protection of a PGS work that is physically connected to an architectural work?

 

January 22, 2018, Adrian Falkner filed civil action, seeking relief for (1) copyright infringement and (2) falsification, removal, and alteration of copyright management information in violation of the Digital Millennium Copyright Act. Defendant moved for summary judgment.

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Research on illegal IPTV in EU – Civil enforcement measures, injunctions

Irrespective of establishment of liability, EU law ensures that rights holders have the possibility to apply for an injunction against intermediaries whose services are used by third parties to infringe their Intellectual property rights (IPR).

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If copyright “is not capable of ‘existing independently’ as a work of art, it is not protectable under copyright law

Lanard makes and sells the “Lanard Chalk Pencil,” which is a toy chalk holder designed to look like a pencil. Lanard owns Design Patent, which contains five figures showing a pencil-shaped chalk holder from different angles. Lanard also owns copyright Reg. for a work entitled “Pencil/Chalk Holder.”

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Section 512 report – Notice-and-Takedown Process

OSPs seeking protection under the safe harbors in sections 512(b), (c), or (d), must, in addition to the section 512(i) requirements, maintain a compliant notice-and-takedown process by responding expeditiously to remove or disable access to material claimed to be infringing upon receipt of proper notice from a copyright owner or the owner’s authorized agent.

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A copyright sublicense could be implied in the absence of an express grant

Photographic Illustrators Corp. (“PIC”) provides commercial photography services – primarily photos of consumer goods – through its principal photographer, Paul Picone. Osram Sylvania, Inc. (“Sylvania”) is one of the world’s leading manufacturers of lightbulbs. PIC owns valid copyrights to thousands of photographs of Sylvania lightbulbs. Sylvania uses the photos in marketing and selling its products, as do Sylvania’s dealers and distributors.

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