The IPKat

JUNE 13, 2022

from left to right) Nigel Elderton, Cliff Fluet, Hayleigh Bosher, Mike Walsh Image: PRS 1. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights. Here is a roundup of the key things to know and keep an eye on.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? Open AI, which created the popular Dall-E 2 program, wasn’t named in the lawsuit, likely because the content of its training data hasn’t been made public.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

The IPKat

DECEMBER 5, 2021

The consultation paper summarises the five key areas covered in the 2014 Bill:- Introduction of a technology-neutral communication right for copyright owners to communicate their works to the public through any mode of electronic transmission to ensure that the protection afforded to copyright owners would cover any mode of electronic transmission.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

Technology & Marketing Law Blog

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. by guest blogger Prof. Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. ML Genius v.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Intellectual Property Law Blog

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. If you have not done so yet, now is a good time to get started.

Government 237

Government Business Licensing Copyright 237

The IPKat

MARCH 27, 2022

Topics included the territorial scope of existing marks, the potential need to expand the specifications of trade marks used in the Metaverse, the importance of clearance searches before entering this environment, and the consideration of co-existence agreements to avoid conflicts. April is just around the corner! Returning to U.S.

Blogging 76

Blogging IP Reporting Journalism 76

IIPRD

NOVEMBER 1, 2023

One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

IP Tech Blog

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? Applicable IP Rights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

DECEMBER 13, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Adding a pair of bunny ears or retro sunglasses to your picture sounds harmless, right? Adding a pair of bunny ears or retro sunglasses to your picture sounds harmless, right? The sound of your alarm marks the start to your day.

Social Media 111

Social Media Intellectual Property Copyright Designs 111

Kluwer Copyright Blog

FEBRUARY 28, 2024

On 6 February 2024, in its response to the AI White Paper consultation , the UK government announced that it will drop its plans for a code of practice on copyright and AI – a work it has been carrying out for less than a year since its announcement in May 2023. For a full list, see here.

Copyright Law 60

Copyright Law Copyright Law Music 60

IP and Legal Filings

JANUARY 15, 2024

The Maternity Benefits Act, 1961 (India) An important piece of legislation that addresses the rights and benefits of female employees during pregnancy, childbirth, and the postpartum period is India’s Maternity Benefit Act of 1961.

Law 83

Law Government Publishing Business 83

Kluwer Copyright Blog

JANUARY 26, 2023

Such judicial understanding is summarized by Statement 115 set by the Federal Justice Council: “The limitations of copyright established in articles 46, 47 and 48 of the Copyright Law must be interpreted extensively, in accordance with the fundamental rights and the social function of the property established in article 5, XXIII, of CF/88”.

Copyright 56

Copyright Intellectual Property IP Copyright Law 56

Michael Geist

SEPTEMBER 21, 2022

In fact, after Rodriguez left the CBC’s Vassy Kapelos visibly puzzled , he has said little about it. He has never given a speech on the bill in the House of Commons and the government successfully cut off debate after allocating just two hours to it.

Government 94

Government Journalism Advertising Advertising 94

LexBlog IP

AUGUST 4, 2021

Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Such remuneration is payable only to CMOs. Legislative background.

Copyright 52

Copyright Related Rights Television Law 52

Kluwer Copyright Blog

SEPTEMBER 4, 2023

This is a two-part post, whereby this part looks at the Italian case, while Part 2 will focus on the same issues but from a US perspective. Basically, the software generates the fractal, which is then used by the author to create the work – in this case, a personalized flower.

Art 75

Art Editing Copyright Ownership 75

The IPKat

JULY 9, 2023

It might also have been interesting to examine the various topics covered from a European perspective. This is a review of “ Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London).

Art 57

Art Copyright Moral Rights Cease and Desist 57

LexBlog IP

NOVEMBER 17, 2023

For example, in response to a prompt asking Claude to write poetry in the style of Lynyrd Skynyrd, Claude “responds by providing a nearly word-for-word copy of the lyrics to ‘Sweet Home Alabama,’ in violation of Universal’s rights[.]” The Lawsuit Another week, another lawsuit against generative AI. 1 at ¶ 1.

Music 52

Music Copyright Infringement Publishing Copyright 52

The IPKat

JULY 7, 2023

In April, this Kat, taking advantage of her status QMUL Alumna, had the opportunity to attend the flagship event of the More Than Just a Game (MTJG) conference series. Everything surrounded by the fascinating architecture of the Old Hall of the Honourable Society of Lincoln’s Inn.

Reporting 86

Reporting Music IP Intellectual Property 86

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., Imagen de Gordon Johnson en Pixabay. This begs the question of how EU law can and should meet this challenge. folk-rnn , Melomics ).

Music 67

Music Copyright Derivative Work Ownership 67

Kluwer Copyright Blog

MARCH 14, 2022

The first issue raised in the consultation was whether the copyright protection for computer-generated works (CGWs)without a human author, in the UK Copyright, Designs and Patents Act 1988 (CDPA), strikes the right balance between incentivising and rewarding investment in AI creativity. The existing UK protection for computer-generated works.

IP 60

IP Public Domain Copyright Intellectual Property 60

LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? Applicable IP Rights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

SpicyIP

AUGUST 15, 2021

Topical Highlight. They highlight that the Court can play a constructive role in this process by exacting accountability from the government and ensuring that it comes up with an action plan to secure the enjoyment of the right to health for TB patients who need the drugs at issue. Thematic Highlight.

Licensing 83

Licensing Government Reporting Patent Law 83

Kluwer Copyright Blog

JUNE 30, 2021

106(4), and by unauthorized reproduction under 17 U.S.C. § 106(4), and by unauthorized reproduction under 17 U.S.C. § Netflix , Inc. ). The United States District Court for the Southern District of New York (‘District Court’) held that the defendants’ use of the song was fair use and granted the motion to dismiss the claims.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

IP Whiteboard

AUGUST 30, 2020

Right: Photo courtesy of Katie Hagebols retrieved from [link]. Clients often request direct reproductions of imagery they have downloaded. What about moral rights? In Australia, there is no need to apply for copyright registration as it arises as of right, without the need for formalities or registration.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Copyright Lately

OCTOBER 24, 2022

.” I was barely out of law school when a senior partner muttered those words as he handed me a scathing demand letter sent to one of the firm’s commercial director clients. It was actually a panda poster, tacked to a child’s bedroom wall. The poster was out of focus and was only visible for a few seconds.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

Copyright Lately

SEPTEMBER 26, 2022

It’s the first ever copyright lawsuit involving the unauthorized reproduction of tattoos in creative content to reach trial. In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. There’s a lot at stake.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Protecting jewellery with the aid of intellectual property rights is a topic of interest which sparks curiosity. In deciding whether the manufacture of jewellery from the initial sketch is a right of adaptation or reproduction, in the case of Pranda Jewellery v. However in the case of A.

Intellectual Property 81

Intellectual Property Artistic Work Designs Design 81

LexBlog IP

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. If you have not done so yet, now is a good time to get started.

Government 52

Government Business Copyright Licensing 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Indian Perspective. Global Perspective.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Michael Geist

APRIL 6, 2022

The Rodriguez post included a link to a La Presse article on the game (the same link I’ve just posted). While there is nothing unusual about that in today’s media economy, yesterday Rodriguez introduced a bill that would fundamentally alter the activity. Rodriguez: Because there’s a value to that. Facebook Ad Library, [link].

Government 98

Government Business Journalism Marketing 98

Kluwer Copyright Blog

NOVEMBER 20, 2022

According to article 107 CCH “ The Ministry, the Regions and other territorial government bodies may permit the reproduction as well as the instrumental and temporary use of the cultural properties committed to their care, without prejudice to the provisions in paragraph 2 and those with regard to copyright”. Yet, she kept ignoring him.

Artwork 56

Artwork Public Domain Art Copyright 56

Kluwer Copyright Blog

OCTOBER 2, 2023

CJEU judgments and AG Opinions Ocilion, CJEU, C-426/21 In July, the CJEU delivered its judgment in the Ocilion case, which related to the right of communication to the public and the private copying exception. Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law!

Copyright Law 75

Copyright Law Law Copyright Copying 75

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. Introduction Generative AI is one of the hot topics in copyright law today.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 83

Blogging Copyright Settlement Music 83

LexBlog IP

JUNE 28, 2023

The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs. 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.

Copying 52

Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

Copying 74

Copying Ownership Derivative Work Contracts 74

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95