Introduction In a previous post on this Blog, we analysed the EU case law relating to the emerging services of Cloud Service Providers (C-265/16, V-CAST), as well as the impact of the new EU Directive on copyright in the Digital Single Market (CDSM). More specifically, in the case between V-Cast and RTI, the CJEU ruled that…
Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here, and part 4 will be published on the blog shortly. IV. Related rights In addition to rights of the author, German copyright law also recognises…
We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an…
To 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 most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Copyright Blog…
Although the author worked under the terms of a collective bargaining agreement when he penned the movie, the right to ownership was governed by copyright law and not labor law. The writer of the screenplay for Friday the 13th, the classic summer camp thriller that spawned a generation of equally campy horror films, was entitled to…
De minimis analysis involves the substantiality of the copying, not the use to which the infringing work is put; by definition, wholesale copying of a protected work cannot be de minimis copying. A company that owned a website on which it unknowingly displayed a photographer’s photo without authorization could not assert a de minimis defense…
Heirs of “Game of Life” developer failed to overcome work-for-hire doctrine in bid to terminate developer’s original transfer of rights to Hasbro predecessor. The federal district court in Providence, Rhode Island, correctly determined that heirs of toy developer Bill Markham could not reacquire copyrights to the boardgame “The Game of Life” from Hasbro, Inc., and…
Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the first and second trimester round…
In July this year, the Federal Court of Australia handed down a decision in Stephen L. Thaler [2021] APO 5, which allowed listing AI system DABUS as an inventor in a patent application. It is interesting to explore what implications this decision could have in the field of copyright. About the DABUS decision The DABUS case refers…
Although the contract between a makeup artist and her publisher described the artist as the author of the book, the dispute still arose under the Copyright Act because “author” is a term defined under the Act. The dispute between a makeup artist and her publisher over ownership of the copyright to a makeup guide raised…
