US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc.. v. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Lynn Goldsmith, an esteemed American photographer, captured a significant moment in…
In a period when the COVID-19 pandemic is occupying less and less space in the daily news and in our thoughts, with the World Health Organization (WHO) having stated that it “no longer constitutes a public health emergency of international concern”, things may seem to be returning to the normal. This is, of course, a…
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…
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…
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…
Summary In the case of Wright & Ors v BTC Core & Ors [2023] EWHC 222 the High Court was faced with a technical copyright question about whether literary copyright can subsist in the file format used for the Bitcoin System (the “Bitcoin File Format”). Justice Mellor concluded that copyright could not subsist in the…
The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The approved Decree-Law 47/2023 to a large extent corresponds to a legislative project (Project 52/XV), which, in turn, was a variation of a previous project (Project 114/XIV) that failed due…
Part I of this blog introduced the first of three ambiguities NFT purchasers may face. In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘principle of…
Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm. Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of…
