Kluwer Copyright Blog

OCTOBER 5, 2022

It seems inevitable that UK copyright law will change at some stage. It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to be addressed. 4 of the Copyright, Designs and Patents Act 1994 (“CDPA”), when considered under either UK or EU copyright law.

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Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

While these developments have certainly made our lives easier, it has also led to many concerns regarding intellectual property right protection. Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works.

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Traverse Legal Blog

OCTOBER 20, 2022

Are NFTs (Non Fungible Tokens) Considered Intellectual Property? In short, the name of a non fungible token project as well as the name of the linked digital file can be considered intellectual property, and the original owner of the NFT has the exclusive right to transfer IP rights to the new owner if they choose to do so.

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Kluwer Copyright Blog

MARCH 11, 2024

Although the lower courts are still bound by the decisions of the higher courts and their precedents set in light of EU law, they may refer the points of law to certain higher courts under section 6A. REULA’s influence on copyright law Although EU law had a strong influence on the UK copyright law, the two were never properly aligned.

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Garrigues Blog

APRIL 16, 2024

One interpretation considered that article 270 of the CC only protected the artistic work taken individually, but not when it was included on a product intended for commercial use (clothing, handbags, purses and other items). Consequently, works applied to practical products were not protected under criminal law.

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Selvam & Selvam Blog

JULY 19, 2021

More on AI from our blogs can be found here. What is Intellectual Property? Intellectual property in simple terms is an intangible asset, a creation of mind which is unique and original to human intellect.

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IPilogue

SEPTEMBER 20, 2021

Photo Credits: Sukanya Sarkar (ManagingIP.com) (The image above is that which received copyright protection). Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. .

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IP and Legal Filings

OCTOBER 12, 2023

This is where protection of intellectual property comes into the picture. In most European languages other than English, copyright is widely known as the ‘Author’s right. Legal Perspective Copyright protection of individual recipes and their publication specifically remain unaddressed by the Indian Judiciary and Legislation.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

However, the question which arises, if the character of Santa Claus is so widely used and to gain commercially benefits by attracting consumers, then who owns it and how is the intellectual property rights of the proprietor protected. The post Santa Clause and IP appeared first on Biswajit Sarkar Blog.

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Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

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The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. It also protects images, photos, videos, and other written work, such as blog posts.

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Kluwer Copyright Blog

JUNE 30, 2021

The evolution in the case law of the Second Circuit may constitute a game changer for documentary makers. As pointed out by Keith Aoki, James Boyle and Jennifer Jenkins in Bound by Law? But our culture is full of artifacts protected by intellectual property rights – music, images, photographs”. by Tito Rendas. €

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Barry Sookman

MAY 4, 2020

According to the petition, which was advanced by The Artificial Inventor Project , a project that seeks intellectual property rights for the autonomous output of artificial intelligence, the invention was generated by a machine named “DABUS.” This issue is also being examined by the USPTO.

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IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Where AI alone creates a work, this point seems clear.

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Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. For more visit: [link].

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Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. It thus becomes crucial for them to safeguard their creations through effective intellectual property laws. What is copyright protection?

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The IPKat

SEPTEMBER 29, 2022

Many, if not all, the readers of this blog will have sincere admiration for the academic world of intellectual property. The conference was attended by Italy's most authoritative professors who are experts in intellectual property and copyright law in particular, who gave a number of memories of Prof.

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. Hence, the use of Cairou’s photograph by Prince fell under the exception of fair use and would not be an instance of copyright infringement.

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Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon. For more visit: [link].

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LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. Trademark law has something to say about use.

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Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. 102(a)(5) , a category that is defined to include photographs, 17 U.S.C. 4th 26, 32 (2d Cir. Feist Publications, Inc.

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Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. Internet Law: A Concise Guide to Regulation Around the World.

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Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright Registration in India ensures legal protection to the creators of original works. Copyright is a kind of intellectual property right which grants exclusive rights to the creator of the original work. In India, the protection of copyright is governed by the Copyright Act, 1957.

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SpicyIP

DECEMBER 16, 2023

In this two-part blog, I will be analysing the historical debates and developments of the terms of copyright. In this part of the post, I would, give a brief overview of the socio-economic context surrounding the discussions on the term of copyright. The term varied depending on the nature of the work.

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IPilogue

MARCH 21, 2022

Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. Labelling the work as a “creation”, as opposed to an “output” or “generation”, has been the topic of global debate.

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IP and Legal Filings

MARCH 28, 2024

The blog will address the legal protection of film titles and answer the big question of whether anyone can make another DDLJ. 1] The Copyright Act protects certain types of works, which are included in Section 13. Cyril Amarchnad Corporate Blogs (Dec. 1] Bharat Vasani & Jasmine Latkar, What’s in a Name?,

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LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. ” It also protects images, photos, videos, and other written work, such as blog posts.

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Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

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Kluwer Copyright Blog

NOVEMBER 6, 2023

If the computer somehow transcends its role as a tool in such a way that the purported human author cannot claim he created the output, we are dealing with computer-generated or emergent works. Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union (see Blaszczyk ).

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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice.

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Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation. copyright law, under the doctrine of fair use. In a recent case before the U.S.

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Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

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