3 Count: Scooter Fight

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1: €8.5m Copyright Infringement Verdict Against Vimeo Stands on Appeal

First off today, Ernesto Van der Sar at Torrentfreak writes that the Rome Court of Appeal has upheld an €8.5 million ($8.64 million) judgment against the video hosting platform Vimeo over alleged piracy that take place through its service.

The lawsuit was filed by the local broadcaster Mediaset, which claimed that Vimeo failed to take action against some 2,000 infringing videos they reported on the service. The lower court handed down a major win for Mediaset, issuing an €8.5 million judgment against Vimeo.

Vimeo appealed but now that decision, including the damages amount, stands. According to the Appeals Court, Vimeo cannot hide behind its safe harbor protections because it is an “active host” and failed to implement tools, such as automatic fingerprinting, to reduce infringing uploads.

2: Piaggio Loses EU Legal Battle Over Scooter Copyright

Next up today, Chis Randall at Elecrive.com reports that Italian Vespa manufacturer Piaggio has lost yet another round in its long-running war with German electric scooter manufacturer Kumpan Electric over the latter’s design.

Piaggio has long claimed that Kumpan’s electric scooter is both a copyright and a trademark infringement of their design. The dispute reaching a boiling point in 2018 when Piaggio had several of Kumpan scooters confiscated at a tradeshow.

However, the European Union Intellectual Property Office has already rejected Piaggio’s challenge of the design and now that decision has been upheld by the Board of Appeal in the organization. Piaggio now has two months to file an appeal of this decision to the General Court of the European Union or have the decision become final.

3: Warhol’s Images of Prince: Social Commentary or Copyright Infringement?

Finally today, Adam Liptak at the New York Times reports that, on October 12, the Supreme Court of the United States is scheduled to hear an important copyright case involving the works of Andy Warhol.

The case was filed by photography Lynn Goldsmith, who claimed that Warhol violated her copyright in photos she took of the musician Prince by making a series of unauthorized paintings of them. The estate, however, has argued that Warhol’s creations were a fair use.

Both sides have filed prehearing briefs and the estate is asking for a more narrow inquiry into the issues, asking whether the paintings are protected under fair use and are transformative. However, Goldsmith is seeking a more “holistic” analysis, including all the fair use factors.

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