Topic: Copyright

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DMCA exemption for 3D Printers (Part 6 of 6)

As we have reported, the sixth triennial rulemaking proceeding by the Librarian of Congress resulted in a wide range of DMCA exemptions. Today, in our final post, we cover a new exemption involving the use of 3D printers. 3D printing 101 3D printing technology allows users to convert digital data into physical objects. The 3D … Continue reading

DMCA Exemption – vehicle software (Part 5 of 6)

In the sixth triennial proceeding to determine Digital Millennium Copyright Act (“DMCA”) exemptions, the Copyright Office adopted an exemption concerning the electronic control unit (“ECU”) software found in automobiles and agricultural vehicles. The new exemption permits owners to circumvent the technological control measures (TMPs) found in ECU software for the purpose of diagnosing, repairing, and … Continue reading

DMCA exemption for smart TVs (Part 4 of 6)

Today, in our multi-part series on DMCA exemptions, we cover a new exemption concerning “smart TVs”. In addition to the exemptions for jailbreaking devices such as smartphones and tablets that we described in Part 3, of our series, the Copyright Office has also added an exemption for jailbreaking smart TVs. The exemption is a limited … Continue reading

DMCA exemptions for “unlocking” and “jailbreaking” wireless devices (Part 3 of 6)

As we discussed in two previous posts, the U.S. Copyright Office just published its most recent set of exemptions to the Digital Millennium Copyright Act (“DMCA”). In Part 1 of our analysis we discussed the DMCA’s statutory privacy exception. Part 2 addressed exemptions related to medical devices. Today, in Part 3, we cover the exemption … Continue reading

Can you copyright your yoga routine?

The United States Court of Appeals has ruled that a sequence of twenty six yoga poses developed by Bikram Choudhury, published in a book in 1979 with descriptions, photographs and drawings and taught as part of a teacher training course since 1994, could not be the subject of copyright protection because it was an idea, … Continue reading

Medical device exemptions to the prohibition on circumvention (Part 2 of 6)

As we discussed in our last post, the U.S. Copyright Office recently published its sixth set of exemptions to the Digital Millennium Copyright Act (“DMCA”). In Part 1 of our multi-part analysis we discussed the DMCA’s statutory privacy exception.  Today we begin with the new exemptions – specifically two exemptions related to medical devices. The … Continue reading

DMCA Non-Infringement of Copyright: Cars, Devices, and the Internet of Things (Part 1)

On October 25, 2015, the U.S. Copyright Office published its sixth set of exemptions to the Digital Millennium Copyright Act (“DMCA”). Our multi-part post will explore practical aspects of these new federal regulations. We will cover topics ranging from education uses of films to medical device software to “jailbreaking” smartphones and tablets to the Internet … Continue reading

The art of copyright protection in the real estate industry

The following is a reproduction originally published in Property Week (Aug. 7, 2015).   Today, real estate developments are increasingly marketed as ‘destinations’ in their own right. Even before any development work starts, there will be considerable media interest and, through the power of the internet, developments can quickly gain visibility with potential tenants and … Continue reading

Update: European Parliament approves copyright reform

Earlier this month, we reported that the Committee on Legal Affairs of the European Parliament had approved an amended EU copyright evaluation report (the “Report”) outlining a reform of copyright law in the European Union. On July 9, 2015 the plenary of the European Parliament voted to accept the Report with several changes. Notably, the Parliament removed … Continue reading

Committee on Legal Affairs of the European Parliament approves copyright reform

The Committee on Legal Affairs of the European Parliament recently approved an amended EU copyright evaluation report (the “Report”) by its member Julia Reda outlining a reform of copyright law in the European Union. The Report aims at evaluating the current legal framework (especially Directive 2001/29/EC, “InfoSoc-Directive”; Directive 2004/48/EC, “Enforcement Directive”; and Directive 2009/24/EC, “Software … Continue reading

The 2039 Rule: UK keeps millions of very old unpublished works under copyright protection for another 24 years

As a result of the transitional provisions of the Copyright, Designs and Patents Act 1988 (CDPA), some very old unpublished works benefit from copyright protection until 2039, even though their authors have not lived for hundreds of years. The 2039 rule was enacted because under the previous copyright law – although copyright expired 70-years from … Continue reading

Agence France Presse v. Morel – THIRD UPDATE

We have posted previously on Agence France Presse v. Morel, the initial opinion of which was issued January 2013, as well as several updates in the case since then. The case so far Briefly summarizing the case so far, photographer Daniel Morel posted some photographs on Twitter.  Agence France Presse (“AFP”) copied eight of those … Continue reading

The folly of a press release

On September, 12 2014, the Federal Court of Australia delivered a further decision in a long-running dispute between leading Australian swimwear business Seafolly and swimwear designer, Leah Madden (trading as White Sands Swimwear). Madden had falsely accused Seafolly of copying her designs. However, an unresolved part of that dispute concerned a series of misleading social … Continue reading

Hong Kong Government introduces Copyright (Amendment) Bill 2014

After eight years of preparation and rounds of consultation, the Copyright (Amendment) Bill 2014 (2014 Bill) was finally gazetted by the Hong Kong Government for legislative consideration on 13 June 2014. It was introduced for First and Second Readings before the Legislative Council on 18 June 2014. The 2014 Bill aims to enhance copyright protection … Continue reading

The “It”s Complicated” relationship between social media and Australian copyright law – Can the ALRC’s fair use exception help?

by Amanda Parks (Australia) Following Oxford Dictionaries’ decision to crown “selfie” as “Word of the Year” for 2013, we saw a particularly famous one “break” Twitter and spark a copyright debate earlier this month: Oscars host Ellen Degeneres shared a star-studded photo that was retweeted over 2 million times in 2 hours. Questions quickly arose about … Continue reading

Canada Gets Real: Serious Action on Counterfeits and Trade-mark Amendments

The Brand Protection Blog welcomes its first Norton Rose contributor, Mr. Brian W. Gray, Senior Partner, Lawyer, Patent Agent, Trade-mark Agent for Norton Rose Canada. Fulbright & Jaworski L.L.P. will join forces with Norton Rose on June 1, 2013, offering significant depth of experience across Africa, Asia, Australia, Canada, Central Asia, Europe, Latin America, the … Continue reading

Copyright – Customs and Border Protection – Lego v Best-Lock

When a trademark owner registers its marks with the U.S. Customs and Border Protection (CBP), CBP may seize imported counterfeits based on trademark claims. CBP may also seize shipments from abroad based upon copyright infringement. See 19 C.F.R. §§ 133.41-46. As stated by CBP, “In regard to copyright infringement, articles that are determined by CBP … Continue reading

Creative Commons License 4.0 comment period expires September 2012

Creative Commons, a “global nonprofit organization dedicated to the sharing and reusing of creativity and knowledge through free legal tools,” has published the second draft of its Creative Commons licenses (the “CC Suite”), dubbed “4.0.” The CC Suite is a set of free copyright licenses granting permission to licensees to use and adapt content, including … Continue reading