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[Guest post] Works of applied art – the difference between design and copyright law

The IPKat

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. If this qualifying criterion were to be relinquished, design law would ultimately become obsolete. This is the price for the fact that the author can and should create completely without purpose.

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Austrian Copyright Law & Films: No protection of mere film ideas

Kluwer Copyright Blog

Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011.

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[Guest post] Reciprocity in copyright law

The IPKat

In fact, and much to the contrary, it has been established national law and practice – prior and after ‘Cofemel’ – that the scope of protection correlates with the level of originality which, in return, corresponds with the degree of departure from the existing design corpus (i.e.,

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Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act

LexBlog IP

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. However, these designs are not expressly covered under the Copyright Act. § 102(a)).

Designs 52
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Who Owns the Copyright in AI-Generated Art?

Intepat

To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright. Copyright laws are designed to safeguard the rights of creators. Historically, these rights have been attributed to human creators, forming the cornerstone of copyright law.

Art 105
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The Battle Over Poker NFTs

Plagiarism Today

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed. 1: The Shepard Fairey Dispute.

Fair Use 230
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Germany’s Federal Court of Justice applies CJEU Cofemel guidance, considering it ‘clear’ that works of applied art are to be treated like other works and no new CJEU referral is needed

The IPKat

There, the CJEU held that, while unregistered designs are outside the scope of the Design Directive , they may qualify for copyright protection under the InfoSoc Directive ‘if the conditions for that directive’s application are met’, that is if they are their author’s own intellectual creation.

Art 52