The posting of the privately-developed standards constitutes fair use—at least when done for non-profit purposes. A public interest organization that made available to the public a collection of technical standards incorporated by reference in federal regulations engaged in a fair use of those standards and therefore did not infringe on the exclusive rights of the…
The US class action against Google Bard (J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT (here) (“Generative…
Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. This round up series…
In June 2023 the U.S. Copyright Office celebrated the one-year anniversary of operations of the Copyright Claims Board (“CCB”), a novel new small claims court housed within the agency with a budget request for $2.2 million in ongoing yearly costs. Though not entirely unique (e.g., the UK’s IP Enterprise court has been described as filling…
Perhaps it comes as no surprise that a copyright dispute regarding a fire-breathing–sneezing dragon would get so heated. The case of Evans v John Lewis Plc & Anor [2023] EWHC 766 (IPEC) is a copyright infringement claim in which the IPEC (a specialist IP court in the UK) was asked to decide whether John Lewis’s…
In a case between Google and the creator of the font used by the French newspaper Le Monde, the Paris Court of First Instance (‘Tribunal Judiciaire’) has handed down a judgment in which it ruled that the font created for the newspaper is original and thus protected by copyright, even though it found that Google’s…
No right to payment for educator who allegedly shared the idea with Wozniak. Tech entrepreneur and personal computing pioneer Steve Wozniak will not have to compensate a business school professor who allegedly gave him the idea for an online tech university, the U.S. Court of Appeals for the Ninth Circuit has held. The court, in…
Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened 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 previous round-ups…
In the case at hand there was a conflict due to the use of a work of art in the famous Spanish television programme “El Hormiguero” without the corresponding authorisation of the author. The work was used in a humorous section of the programme in the context of the apartment of a dirty and untidy…
On 20 April 2023, the Italian Civil Court of first instance of Florence (Tribunale civile di Firenze) issued a decision that held unlawful the reproduction by lenticular technique of the image of Michelangelo’s David and its juxtaposition with the image of a male model on the cover of GQ magazine. The reproduction was not authorized…
