Kluwer Copyright Blog

OCTOBER 5, 2022

That artwork itself is a copyrighted work and the NFT owner will only have rights to that copyrighted work if these have been specifically assigned or licensed to them as required by law. The underlying work, in turn, could be licensed, including through the use of CC or released into the public domain, e.g., with CC0.

Licensing 110

Licensing Technology Public Domain Non-Fungible Tokens 110

Velocity of Content

APRIL 30, 2024

We explored the webinar topics in more depth, and the following is our edited and abridged conversation. Babis Marmanis: LLMs would not work without word embeddings. Since our founding, we’ve been putting users and rightsholders together, so people can find good ways to license the works that they need.

Licensing 52

Licensing Social Media Copyright Publishing 52

Kluwer Copyright Blog

SEPTEMBER 4, 2023

The Italian ‘ floral fractal ’ case This case concerned the commercial exploitation of a graphic work depicting a floral composition, adopted as a fixed background during the 2016 edition of the Sanremo Festival.

Art 75

Art Editing Copyright Ownership 75

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. What is the intellectual property right that most suits NFTs?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

The IP Law Blog

MAY 5, 2022

The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from more flexible schedules, reduction in time and money spent on commuting, reduction in work- and school-related stress, and more family time.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] Section 106 of the Copyright Act grants copyright holders an exclusive right to make or license derivative works based upon a previously copyrighted work. [11]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

LexBlog IP

DECEMBER 19, 2023

Under EU law, a work must be the “author’s own intellectual creation” for copyright to subsist in it. AI-generated works such as synthetic data may be found not to meet this standard since they arguably do not have a human author. [1] You can read part 1, here. [1] You can read part 1, here. [1] Perlmutter , No.

IP 52

IP Derivative Work Copyright Copyright Infringement 52

IIPRD

FEBRUARY 13, 2024

It is typically derived from indigenous cultures and is transmitted through the generations. It can cover a wide range of topics and is not restricted to just one, including music, art, agriculture, and medicine. Traditional understanding is a precious resource that is vulnerable to exploitation or loss.

Intellectual Property 52

Intellectual Property Music Invention Art 52

IP and Legal Filings

JANUARY 29, 2023

However, the question of who owns the rights to these creations has been a topic of debate for some time. Critical Analysis & Suggestions Some authors have given potential solutions such as joint authorship and derivative authors, both of which require requisite analysis.

Copyright 83

Copyright Ownership Publishing Copyright Infringement 83

Kluwer Copyright Blog

APRIL 22, 2022

A recent report in the context of the reCreating Europe project addresses this question, building on previous work from some of its authors, namely a study on “Trends and Developments in Artificial Intelligence: Challenges to IP” (summarised in a previous post ) and this article. Copyright protection and authorship of AI music outputs.

Music 67

Music Copyright Derivative Work Ownership 67

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Subject Matter of Work. Cinematographic Work.

Art 52

Art Copyright Artistic Work Public Domain 52

Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. Consequently, it is not surprising that major museums and cultural heritage sites are already using AR, and thus have directly exploited or enabled the exploitation of their works for this purpose. i) Public domain works.

Copyright 103

Copyright Public Domain Art Moral Rights 103

The IPKat

JUNE 13, 2022

In any event, the licence will determine the rights afforded to the purchase, which usually confirm that no copyright ownership is passed, and that the purchase is prevented from adapting, reproducing, or communicating the work to the public. It is infringement to mint an NFT of a protected work without the permission of the rightholder.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

The IPKat

JULY 17, 2023

The Court’s ruling Expressive work A key question for the Court to determine was whether or not Bad Spaniels is an “expressive work”. The Rogers test requires, in the case of “expressive works”, the dismissal of an infringement claim at the outset.

Fair Use 52

Fair Use Trademark Designs Design 52

Velocity of Content

JANUARY 18, 2023

This is the first of a series of posts on the topic of improving the Data Management practices of an enterprise so that its data can become an asset. Some data scientists claim indeed that most of the time they spend working with data is to process it for further use (data “munging”).

Copying 87

Copying Government Editing Business 87

IIPRD

APRIL 3, 2024

Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] At the outset is it important to note that interpreting these legislations gives rise to uncertainty, one which forms the topic of discussion in the next section.

Artistic Work 45

Artistic Work Designs Design Copyright 45

SpicyIP

JANUARY 17, 2022

Since the topic requires a full-fledged research paper with detailed arguments, the post only touches upon the constitutional and international law aspects to show that there is a strong logico-legal case worth investigating, for the R2R in India.) . Doesn’t this look like a scenario where access is either assumed or overlooked?

Copyright Law 119

Copyright Law Copyright Law Art 119

LexBlog IP

DECEMBER 21, 2021

Republic claimed that the film was a derivative work of both the film’s musical score and The Greatest Gift , the short story on which It’s a Wonderful Life is based. For anyone interested in more details, the Library of Congress created a helpful blog post a few years ago discussing the topic. Thank you for reading.

Copyright 40

Copyright Public Domain Derivative Work Intellectual Property 40

LexBlog IP

MAY 5, 2022

The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from more flexible schedules, reduction in time and money spent on commuting, reduction in work- and school-related stress, and more family time.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. What is the intellectual property right that most suits NFTs?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

JANUARY 17, 2024

On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship. The tricky question would be whether that’s still the same database or a new one.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). The first modification that was proposed concerned the system of the tax incentive.

Designs 70

Designs Design Patent IP 70

LexBlog IP

JANUARY 31, 2023

Copyright law requires the authoring of a creative work that is fixed in a tangible medium. A computer program can also be protected as a trade secret if it derives value from not being generally known to others, and if the owner uses reasonable efforts to protect its secrecy. ” (Emphasis ours). .” ” (Emphasis ours).

IP 52

IP Copyright Law Copyright Intellectual Property 52

Velocity of Content

SEPTEMBER 9, 2021

In this post, I am looking primarily at YouTube’s aspect as a video hosting site to which anyone may upload their original works. (An ContentID : Content ID is (basically) an algorithmically derived unique identifier for content appearing on YouTube. Copyright and other “Strikes”.

Copyright 96

Copyright Social Media Licensing Publishing 96

LexBlog IP

APRIL 13, 2022

.” Under United States Copyright Law, copyright ownership derives from “authorship” of a “work.” ” And, in the absence of a “work made for hire” context (See: 17 U.S.C. § But, in other cases, the obligations may be much more significant.

IP 52

IP Due Diligence Ownership Licensing 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

This ambition, and the resulting huge body of work (over 850 studies), inspired us to think about new ways to interpret this empirical literature, and to offer a state-of-the-art overview of the evidence on how copyright works in society. Public Domain.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

LexBlog IP

DECEMBER 15, 2022

Probably the most important principle derived from the Green Guides is to be specific about the green claim that you make. For those who are not that familiar with the FTC’s organizational structure, that was a bit of an unexpected choice to present on this topic.

Privacy 52

Privacy Technology Publishing Reporting 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable. How do I get a Copyright?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Kluwer Copyright Blog

MARCH 2, 2022

The analysis in the paper combines three perspectives – a law and technology analysis, empirical evidence deriving from the business reality, as well as insights from media and communications studies. Copyright and journalism – the status quo. The two central interconnected notions of this discussion are originality and authorship.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. Image by Gerd Altmann from Pixabay.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Biswajit Sarkar Copyright Blog

JULY 11, 2022

One of the most contentious topics in arbitration is the arbitrability of IP disputes. The question at hand was whether an arbitral tribunal may rule on a lawsuit for the enforcement of a mortgage by sale and whether the topic at hand was under the purview of an arbitration agreement.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

Kluwer Copyright Blog

AUGUST 13, 2023

The US policy approach can be derived from the US National AI R&D Strategic Plan issued by the National Science and Technology Council (which offers technical guidance to the US Government) and is based on 9 strategies and represents a policy approach per principles – in this regard similar to the UK one.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

OCTOBER 13, 2021

For further information on this topic please contact Kriton Metaxopoulos or Elena Nikolarea at A & K Metaxopoulos & Partners Law Firm by telephone (+30 210 725 7614) or email ( k.metaxopoulos@metaxopouloslaw.gr or e.nikolarea@metaxopouloslaw.gr ).

Related Rights 98

Related Rights Licensing Law Copyright 98

Velocity of Content

DECEMBER 9, 2021

Jisc will consult further on the topic, leaving open the possibility of UKRI taking a different approach to most other cOAlition S funders. books deriving from PhD studentships are exempt from the policy, but encouraged to be made OA where possible. 3) Monographs, finally! 4) The uphill road to rights retention. 5) Let’s get technical.

Journalism 94

Journalism Publishing Licensing Editing 94

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. (For

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95