The IPKat

MAY 7, 2024

Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? In 2015, the European Commission itself called unification of copyright laws “ a long-term target ”. The short answer is: yes.

Copyright Law 121

Copyright Law Copyright Law Intellectual Property 121

Velocity of Content

JANUARY 9, 2024

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. When an article is purchased for download, it is typically only authorized for the use of the individual user who purchased it.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

Kluwer Copyright Blog

DECEMBER 11, 2023

The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an end a legislative process that has lasted more than two and a half years and during which the scope of the Act has been significantly expanded.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

TorrentFreak

MAY 6, 2024

4 Other anti-piracy work reported for the period includes legal action against pirate site operators and translation groups, civil/criminal action through local subsidiaries and overseas affiliates, establishing response strategies in accordance with local copyright laws, and overseas administrative actions.

Reporting 97

Reporting Social Media Publishing Editing 97

Patently-O

FEBRUARY 20, 2024

Unlike copyright law, patent law has an unambiguous six-year statute of limitations on damages in infringement cases. Knight has a forthcoming article in the Missouri Law Review focusing on the discovery accrual rule. ** This essay is partially based on a prior article that we wrote for the ABA Preview.

Music 104

Music Copyright Due Diligence Licensing 104

Kluwer Copyright Blog

FEBRUARY 20, 2024

This “explicit clarification” can be found in the text of the proposed implementation for both articles 3 and 4 of the CDSM directive. In addition, the AI act also contains a recital (60i) that explains the interaction between the training of generative Ai systems and the exceptions contained in article 3 & 4 of the copyright directive.

Copyright Law 143

Copyright Law Copyright Law Government 143

Patently-O

APRIL 18, 2024

by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of Columbia. 2024), centers on Dr. Stephen Thaler’s attempts to register a copyright for an artistic image autonomously generated by his AI system that he has named the “Creativity Machine.”

Copyright Law 62

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The IPKat

JANUARY 27, 2024

A new law entered into force on 11 January 2024 that aligns the protection of Italian artisanal and industrial products with the EU Regulation. You can read her full article in GRUR International here. Marcel Pemsel outlined a recent decision on the independent distinctive role of an element of a complex trade mark.

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Derivative Work Intellectual Property Editing Copyright 62

TorrentFreak

MAY 9, 2024

After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. Justice Halley’s order dated May 8, 2024, was handed down Wednesday. The summary reads as follows: 0gomovies.ws, watchseries1.video,

IP 91

IP Reporting Branding Brands 91

TorrentFreak

FEBRUARY 6, 2024

” An image accompanying a Polizia Penitenziaria article raises more questions than it answers. Calcio.re, Piracy Shield’s First Official Target On January 29, 2024, broadcaster DAZN filed what appears to be the first official application for enhanced Piracy Shield site blocking.

Social Media 92

Social Media IP Reporting Copyright Law 92

Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. Do the creators and users of large language models (LLMs) and as sociated generative AI applications infringe the copyrights of content creators? Legal & Copyright Issues With that technical background, the discussion moved to legal and copyright issues.

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Fair Use Copying Licensing Copyright 52

Kluwer Copyright Blog

OCTOBER 18, 2023

1] From this perspective, it can be argued that the introduction of a limitation-based remuneration right will preserve the anthropocentric approach to copyright law, preventing an upside-down scenario where human creativity becomes instrumental to artificial intelligence. In particular, Art. Thouvenin, A. Peukert, T. Jäger and C.

Copyright 128

Copyright Art Licensing Copyright Law 128

Kluwer Copyright Blog

MARCH 19, 2024

Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works. Commentary & Conclusion Kurasov v.

Art 56

Art Plagiarism Artwork Graphic Design 56

Kluwer Copyright Blog

MARCH 19, 2024

Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works. Commentary & Conclusion Wali v.

Art 52

Art Plagiarism Artwork Graphic Design 52

Plagiarism Today

JANUARY 5, 2022

copyright law, works of corporate or pseudonymous authorship lapse into the public domain after either 95 years from first publication or 120 years after creation, whichever ends first. In 2024, the cartoon Steamboat Willie will enter the public domain. What Actually Happened. That was the first appearance of Mickey Mouse.

Public Domain 352

Public Domain Art Publishing Plagiarism 352

Kluwer Copyright Blog

MARCH 13, 2024

More crucially, rightholders can instrumentalize their exclusive right to control initial access to their works, making the exercise of user rights increasingly difficult if not impossible ( Kretschmer & Margoni, 2024 ). However, it is only a first step towards making user’s rights a reality.

Copyright 122

Copyright Art Licensing Contracts 122

Patently-O

MAY 6, 2024

The most interesting portion of the opinion focuses on the printed matter doctrine. Professor Kevin Collins has written several articles that focus on the printed matter doctrine and its overlap with eligibility, anticipation, and obviousness. IOEngine, LLC v. Ingenico Inc. 2021-1227 (Fed.

Patent 62

Patent Invention Designs Design 62

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws.

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

Velocity of Content

JUNE 8, 2023

Additionally, the Biden Administration’s 2024 proposed budget includes an increase of approximately $6.5 Be sure that your document delivery provider gives you full details about the rights you have access to so that you can ensure compliance with copyright laws and regulations. increase from 2021. Our advice?

Journalism 98

Journalism Licensing Publishing Copyright 98

Copyright Lately

MARCH 13, 2024

Per its DMCA takedown notice: The Times’s Wordle copyright includes the unique elements of its immensely popular game, such as the 5×6 grid, green tiles to indicate correct guesses, yellow tiles to indicate the correct letter but the wrong place within the word, and the keyboard directly beneath the grid. Inbounds or overreach?

Social Media 97

Social Media Copyright Registration Copying 97

IIPRD

NOVEMBER 14, 2023

Upendra Baxi, COPYRIGHT LAW AND JUSTICE IN INDIA Author(s): Upendra Baxi Source : Journal of the Indian Law Institute , October-December 1986 , Vol.28,No.4Published 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986). AHUJA, LAW RELATING TO IPR (LexisNexis Publication 2017). 379 (2022). [6]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024. Read on to know more!

Trademark 59

Trademark Registration Invention Social Media 59

LexBlog IP

DECEMBER 14, 2023

2] In particular, it has been reported that France, Germany and Italy – who have previously been critical of strict rules on foundation models – may seek alterations to related rules in the final text (which could further delay, or possibly prevent, passage of the law). [3] See Open Future – GPAI Compromise proposal. [11]

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Reporting Publishing Marketing Marketing 52

Kluwer Copyright Blog

JANUARY 7, 2024

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2024 to all of our readers, as well as reflect on developments in copyright over the past year. Generative AI, Copyright and the AI Act by João Pedro Quintais Generative AI is one of the hot topics in copyright law today.

Blogging 78

Blogging Copyright Copyright Law Technology 78

LexBlog IP

JANUARY 16, 2024

One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1] 1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp.

IP 52

IP Copyright Art Related Rights 52

U.S. Department of Commerce

MARCH 15, 2024

March 15, 2024 CAndrade@doc.gov Fri, 03/15/2024 - 15:01 The beautiful Reading Room at the Commerce Research Library. Q: What do alligators, Adam Smith, and Robinson Crusoe have in common? Case in point, this 1932 Washington Post article about the alligators loose in the Herbert Hoover Building. Alligators in the basement!

Editing 53

Editing Business Copyright Law Copyright 53

Trading Secrets

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Kluwer Copyright Blog

DECEMBER 26, 2023

Despite the instructions in the Commission’s Guidance on Article 17 of the Directive , the new national provision does not restrict blocking to “manifestly infringing uploads”. 19 of the Directive was deferred until the 3rd of December 2024. 17(9) in fine. 18 to 23 of the Directive.

Art 114

Art Music Publishing Law 114

SpicyIP

DECEMBER 17, 2023

‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? Can AI Generated works be regarded as “works” capable of protection under copyright law? Call for Submissions: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol.

IP 59

IP Trademark Advertising Advertising 59

LexBlog IP

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler. § 101.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler. § 101.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 27, 2024

2024 has arrived. We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc.

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IP Licensing Copyright Blogging 64

Copyright Lately

MAY 13, 2022

While his entire proposal clocks in at two and a half pages and less than 400 words (read here) , that didn’t stop dozens of reporters from writing articles about the bill without bothering to read it. That’s going to happen on January 1, 2024, regardless. “Today I’m introducing legislation to strip ?

Reporting 121

Reporting Copyright Public Domain Marketing 121