Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

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IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

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Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

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IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

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Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

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Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

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Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash 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. Almost all EU member states have implementesd the Directive into their national laws.

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Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Photo by Markus Spiske on Unsplash.

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The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. Both authors frame their work by reference to the debate over legal standards and rules.

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Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. In the many years that have since passed, the 1976 Act has been updated many times.

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Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. After examining the above cases, it is difficult to predict whether a single piece of jewellery will be considered an artistic work or a design.

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The IP Law Blog

MARCH 14, 2024

The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM. The Court then turned its attention to the various claims beginning with the vicarious copyright infringement claim.

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IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Take-Two licensed Randy Orton’s likeness from WWE.

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LexBlog IP

OCTOBER 4, 2022

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. and NBCUniversal Media, LLC relating to alleged copying of fonts. Copyrights. Design Patents.

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Kluwer Copyright Blog

JANUARY 16, 2024

LLaMA is a large language model in the form of an AI software program designed to emit convincingly naturalistic text outputs in response to user prompts. Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it.

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Kluwer Copyright Blog

JUNE 20, 2023

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 exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

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Copyright Lately

JANUARY 23, 2024

A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry. The Good, the Bad and the.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement. It has been debated whether NFTs/DC could be protected in China by design patents.

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The IPKat

DECEMBER 27, 2023

This Kat has been receiving numerous inquiries from colleagues and friends, particularly well-versed in copyright law, about an AI-generated image copyright case in China. Background Case reference: [(2023) Jing 0491 Min Chu No 11279], date: 27 November 2023. Does the image constitute a work? The Court: Yes.

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IPilogue

NOVEMBER 11, 2021

Professor Vaver spoke on the origins of fair dealing in Canada and its differences and similarities in comparison to the American legal concept of “fair use”, its evolution throughout the history of Canadian common law jurisprudence, and its potentially far-reaching future beyond Canada and copyright law. .

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. The case concerned Longchamp’s Le Pliage “cult” bag.

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Kluwer Copyright Blog

JUNE 7, 2023

But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. As a term for artistic reuse, pasticcio then referred specifically to the Italian opera form consisting of pre-existing arias and musical pieces, which emerged in the 18 th century.

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IP and Legal Filings

MAY 1, 2023

According to Section 14 of the Copyright Act of 1957 , copyright is the exclusive right to perform or authorise the performance of any of the following acts in relation to a work or any significant portion thereof: Any kind of reproduction is permitted, including saving the work in any format. There might be more things to think about.

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Technology & Marketing Law Blog

MARCH 6, 2024

He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.” Causation, as used in the traditional sense, refers to the connection between the tort and the plaintiff’s harm.

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IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Copyright law protects you as a musician by preventing unauthorized use of your creative works.

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LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

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Technology & Marketing Law Blog

JUNE 11, 2022

Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. Although courts have divided on this issue, I conclude that the copyright laws support this theory of liability on the facts of this case.

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Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. Success is dependent on collaboration, networking, and sharing information.

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IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection? In the context of the Copyright Act, computer software is categorized as a ‘literary work’. Who owns the copyright?

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LexBlog IP

MARCH 14, 2024

The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM. ” The Court then turned its attention to the various claims beginning with the vicarious copyright infringement claim.

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Derivative Work Copying Copyright Infringement Copyright 52

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. can have copyright. It was written with a distinct style and message.

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Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

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SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. It mentions intellectual property as a part of creating a strong R&D base (refer to page 13). It is not clear what this refers to though.

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