Kluwer Copyright Blog

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. More interestingly, the provision explicitly links the use of copyrighted works for training AI models to the text and data mining (TDM) exception in Article 4 of the CDSM Directive.

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Copyright Copyright Law Publishing Public Domain 145

The IPKat

JANUARY 5, 2023

holding that the character of Zorro had fallen in the public domain. It is true that Italy did not specifically transpose Article 5(3)(k) of the InfoSoc Directive, but the reason of all that is that the Italian legal system already allowed what is covered by that provision.

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Copyright Law Advertising Advertising 138

Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), which refer to a person’s rights to name and image.

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LexBlog IP

APRIL 5, 2023

It is not a finished article since no industrial process was involved in manufacturing it. The GUI is not an integral part of the article but purely functional. The subject design is original and has never been in the public domain. 2 OF 2019 GUI can positively influence customers to buy such products. 1] AID No.

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The IPKat

FEBRUARY 28, 2022

Article 54(1)(a) of the Withdrawal Agreement stipulates that holders of an EUTM registered or granted prior to the end of the transitional period (31 December 2020), will, by virtue of law, be granted a trade mark in the United Kingdom, consisting of the same sign, for the same goods or services. The top picture is in the public domain.

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Public Domain Trademark Law 122

The IPKat

JANUARY 5, 2022

Green Label, a company selling vacuum cleaner bags, initiated an invalidity action against the CD in 2019 before the Invalidity Division. According to article 3(c) CDR, complex products are products composed of multiple components which can be replaced, permitting disassembly and re-assembly of the product.

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Designs Design Public Domain Advertising 109

The IPKat

JANUARY 25, 2022

Background On 27th September 2019, European Flipper / Pinball Factory GmbH applied to register the following logo as an EU trade mark: The application covered the following goods and services and was published for opposition on 3rd October 2019: Class 11: Camping stoves. Pictures of marks are in the public domain.

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Public Domain Registration Licensing Publishing 133

Plagiarism Today

SEPTEMBER 21, 2021

In July 2019, YouTuber James St. They have a lengthy and aggressive history when it comes to protecting their rights , even as many of their stories are based on public domain tales. However, what may be best for Disney in a court of law could be actively working against them in the court of public opinion. Bottom Line.

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TorrentFreak

AUGUST 26, 2022

In 2019, Elias sued Ice Portal (owned by Shiji Group) in a Florida district court for violations of the DMCA under 17 U.S. In Maria Schneider’s CMI article she talks about the moral rights of artists, including the right to attribution and the right of integrity. Copyright Lawsuit, Violations of DMCA. Code § 1202(a) and (b).

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Moral Rights Copyright Public Domain Copyright Infringement 126

Kluwer Copyright Blog

OCTOBER 17, 2023

In 2019, the U.S. As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction. Lately, IP offices and the judiciary have started to decide on the copyrightability of AI-generated outputs.

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Kluwer Copyright Blog

APRIL 20, 2022

In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Article 17(7)), and any other non-infringing use. With all the delays in the legislative process, the question then is whether Sweden has failed to implement Article 17 on time. 298-299).

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Copyright Intellectual Property Law Public Domain Copyright Law 56

Velocity of Content

JULY 8, 2021

In March, 2019, the US Supreme Court released its decision in Fourth Estate Public Benefit Corp. Public Domain work. he’s on a roll now: “What about your liability, if one of your readers pastes a whole article in the Comments section?” Part I: Bloggers and the DMCA. Image Attribution: John Tenniel (1865).

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Copyright Blogging Intellectual Property Registration 81

JIPEL Copyright Blog

APRIL 13, 2022

Trendacosta’s article is just one example of criticism against the Content ID system. A German professor of music theory received Content ID Claims for recordings in the public domain uploaded by his YouTube channels. Trendacosta’s article suggests the DMCA’s repeat offender provision is the threat underlying Content ID.

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Copyright Public Domain Fair Use Ownership 40

Technology & Marketing Law Blog

DECEMBER 13, 2023

2019 WL 3555509 (D. Guy Rub, in his excellent article “ Copyright Survives: Rethinking the Copyright-Contract Conflict , ” suggested that the Ninth Circuit had adopted the ProCD v. (To But that’s a different article.) This observation is as true now as the day when the Ninth Circuit made it, in 2019. 634 F.Supp.2d

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Blogging Copyright Contracts Cease and Desist 78

Plagiarism Today

JANUARY 3, 2022

5: The Public Domain Expands. Finally, with the new year comes new works that lapse into the public domain. Due to the Sony Bono Copyright Term Extension Act in 1998, nothing entered into the public domain in the United States between 1999 and 2019. Milne turn copyright free.

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Copyright Public Domain Registration Social Media 248

IIPRD

JULY 4, 2021

The article attempts to answer this question of the readers in the simplest way with the help of real-time examples. ’ Another example of this may be a case wherein the year 2019, Marc Jacobs was sued by Nirvana, a clothing company, for violation of her mark.

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Intellectual Property Copyright Law Trademark Trademark Law 40

The IPKat

MARCH 7, 2022

This latest referral follows hot on the heels of the referral from the Finish Market Court on the correct interpretation of Article 3(c) of the SPC Regulation, also with respect to combination products ( IPKat ). The Irish referral relates to both Article 3(a) and Article 3(c).

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Art Public Domain Invention Marketing 117

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). The training process can involve reproductions of the training data…. data —reside).

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Copyright Government Copyright Law Reporting 70

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” 2019.) Originals [Album]. 2019 NPG Records, Inc. 2019), rev’d and remanded , 992 F.3d He did just that. Goldsmith , 11 F.4th Bridgeman Art Libr.,

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TorrentFreak

JANUARY 29, 2024

Information Accessible, Reasonably Priced During the weekend, we learned that the eight questions covering the five-year period 2019-2023, rejected by Wiltshire Police and West Yorkshire Police for being too costly to answer, were also sent to Greater Manchester Police (GMP). How many of the 3.9

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Public Domain Reporting Intellectual Property Publishing 104

SpicyIP

APRIL 24, 2022

They didn’t need permission to borrow from the public corpus or public domain. Read page 45, WHO global report on traditional and complementary medicine 2019 (saying “T&CM is used by at least 80% (i.e. Why should others have to require their permission for their small addition to that corpus? Antilegend: Of course.

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IP Copying Intellectual Property Copyright 136

LexBlog IP

JANUARY 16, 2024

It seems that one of the intended purposes of the obligation to disclose training data is to enable better enforcement, through an ex-post tool, of the above-mentioned opt-out mechanism under Article 4 of the Copyright Directive. 4 provides exceptions or limitations for the purposes of text and data mining for other purposes.

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IP Copyright Art Related Rights 52

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

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Publishing Related Rights Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

MARCH 8, 2023

Introductory remarks The Greek legislator transposed Directive (EU) 2019/790 (CDSMD) with considerable delay, enacting L. 3 in fine ) and is, thus, unable to place other elements of the public domain, such as information and news, out of the reach of the PPR (see, Christina Angelopoulos, Comparative National implementation Report, p.

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Kluwer Copyright Blog

JUNE 1, 2022

Adding a nuance, the following analysis focuses on the fact that the Court qualified the complaint and redress mechanisms mandated by Article 17(9) DSMD as additional safeguards against content overblocking (para. Implementing Article 17 DSMD, EU Member States must ensure that such lawful content appears directly on the platform.

Intellectual Property 52

Intellectual Property Licensing Copyright Public Domain 52

SpicyIP

MARCH 15, 2022

In 2019, the European Union (EU) has introduced the Press publishers’ rights under Article 15 of the Directive on Copyright in the Digital Single (CDMA) with an intention to redistribute the inequitable distribution of digital advertising revenue between the news media and information society service providers.

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IP and Legal Filings

JANUARY 22, 2024

TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union. After Berne Convention, TRIPS Agreement, 1994, adopted by WTO was the second major international treaty, dealing with the copyright protection. Economics & Law , 14.

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Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

JUNE 1, 2023

The EU copyright framework needs to be ameliorated in this regard and the articles 18 sq of the CSDM directive (the so-called “copyright contract law” rules) cannot be the final word on this issue. In this regard, a clear reflection on the preservation and legal protection of the public domain against undue appropriations seems necessary.

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IP and Legal Filings

MARCH 14, 2023

xv] This article makes the case that TK has evolved into a unique body of knowledge. vii] The Battle for the Public Domain and Traditional Knowledge 2006, 5 Doris Estelle Long Intellectual Property Law: Volume 321 of the John Marshall Review. [xiv] These attributes largely concern plants, their traits, and applications.

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Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). International licence (CC BY 4.0).

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Reporting Marketing Marketing Copyright 52

SpicyIP

JANUARY 2, 2022

In this case, the right to be forgotten was located in Article 21 of the Constitution and a post Puttaswamy framework. In 2019 Kibow and its exclusive licensee Centaur filed a suit against La Renon and its manufacturer Stanford Labs seeking a permanent injunction alleging that their patent was being infringed.

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IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JUNE 20, 2023

Vanity Fair selected one of the illustrations to accompany its article, titled “Purple Fame.” As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication. The Court held 6-3 that The Nation’s article was not a fair use. 2019) (citations omitted). at 563).

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Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. 633/1941 , l.aut.). 102-nonies (2) l.aut.,

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Copyright Intellectual Property Copyright Law Art 64

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). If the work was published without proper copyright notice, the work entered the public domain. 3:23-cv-02333 (N.D.

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Copyright Blogging Publishing Fair Use 118

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” 54 (2019), also concurring opinion, para. . “The basic premise of [S]ection 105.[is] is] that works produced for the U.S. ” H.R. 94-1476 at 58 (1976); see also Georgia v. ” US Const.,

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Ownership Copyright Government Intellectual Property 52