The IPKat

MAY 7, 2024

Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? In 2015, the European Commission itself called unification of copyright laws “ a long-term target ”. The short answer is: yes.

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Copyright Law Copyright Law Intellectual Property 123

The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. online platforms] referred to in Article XI.228/10. It is helpful to set some context for this.

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Music Copyright Art Copyright Law 78

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright 122

Copyright Art Copyright Law Licensing 122

The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law. As in the U.S.,

Copying 97

Copying IP Copyright Law Designs 97

Kluwer Copyright Blog

OCTOBER 18, 2023

1] From this perspective, it can be argued that the introduction of a limitation-based remuneration right will preserve the anthropocentric approach to copyright law, preventing an upside-down scenario where human creativity becomes instrumental to artificial intelligence. In particular, Art. Thouvenin, A. Peukert, T. Jäger and C.

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Copyright Art Licensing Copyright Law 126

TorrentFreak

MAY 9, 2024

After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. The full list of sites targeted, their domains and IP addresses, can be found at the end of this article.

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IP Reporting Branding Brands 98

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.

Copyright Law 59

Copyright Law Law Copyright Publishing 59

Kluwer Copyright Blog

FEBRUARY 20, 2024

years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law. This “explicit clarification” can be found in the text of the proposed implementation for both articles 3 and 4 of the CDSM directive.

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Copyright Law Copyright Law Government 143

Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. 17 ) to liberalise the spare parts market. Just like trade mark law , EU copyright law lacks a corresponding limitation.

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Designs Design Copyright Copyright Law 52

IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S.

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Fair Use Licensing Music Art 105

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Definition from TechTarget , [link] (last visited Oct27, 2023). 26, 2023, 11:00 AM), [link].

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Intellectual Property Due Diligence Journalism IP 59

The IPKat

APRIL 19, 2023

The second chair (‘Paris Chair’) is sold by the Dutch company Kwantum in multiple markets, including the Netherlands and Belgium. Kat-approved Eames Lounge Chair The Dutch Advocate-General (AG) Drijber contested the Supreme Court’s turn in his opinion of 6 January 2023.

Art 52

Art Copyright Intellectual Property Law Law 52

LexBlog IP

DECEMBER 14, 2023

On 9 December 2023, trilogue negotiations on the EU’s Artificial Intelligence (“ AI ”) Act reached a key inflection point, with a provisional political agreement reached between the European Parliament and Council. 1] Reuters, EU begin to hash out EU AI Act details starting Tuesday (12 December 2023). [2]

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Reporting Publishing Marketing Marketing 52

SpicyIP

NOVEMBER 26, 2023

Emerald Enterprises vs Emerald Valves Private Limited on 21 November, 2023 (Delhi High Court) The Delhi High Court passed an ex-parte at interim injunction order restraining the defendants from using the mark “Emerald” for valves holding it to be deceptively similar to the plaintiff’s registered “Emerald” mark. Read on to know more!

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Trademark Registration Invention Social Media 59

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

Marketing 109

Marketing Marketing Copyright Copyright Law 109

The IPKat

OCTOBER 3, 2022

October 26, 2022 | Bird & Bird | "Webinar: The DSM Directive one year on (part II) Article 15: A power shift back to the publishers?" | online Article 15 of Directive 2019/790 builds on and follows a number of national initiatives aimed at remedying declining revenues in the press sector.

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Registration Intellectual Property IP Copyright 62

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. Spice DAO has announced that it is implementing a three-stage “redemption phase” that will see it attempt to pay back its members as much as possible and, likely, attempt to sell the book in the fourth quarter of 2023.

Copyright 240

Copyright Non-Fungible Tokens Technology Plagiarism 240

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

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Copyright Art Fair Use Registration 145

TorrentFreak

JANUARY 2, 2024

On December 1, 2023, an interesting piece of news began to gain traction in South Korea and beyond. In the fourth paragraph of the article, a comment from Kakao Entertainment further muddied the waters. The authorities claim that the site marketed itself as a comic review platform but was really a pirate-linking site in disguise.

Advertising 87

Advertising Advertising Reporting Publishing 87

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. First of all, in terms of copyright, to reiterate our very clearly articulated position. copyright law really doesn’t seem to give UMG a ton of options. year over year to $2.71

Music 85

Music Copyright Copying Copyright Law 85

Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law). 9 of the Law no. 17 of the CDSM Directive (implemented in Italy through Art.

Music 98

Music Art Licensing Copyright 98

LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

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Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 83

Blogging Copyright Contracts Cease and Desist 83

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. However, it is only a first step towards making user’s rights a reality.

Copyright 119

Copyright Art Licensing Contracts 119

IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S.

Fair Use 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

AUGUST 1, 2023

Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 2023). Plaintiff then sued various news outlets that “embedded” the tweets in their news stories by including HTML code that would cause the tweet to be dis­played at a particular point in the article. 3d at 593. Thus, the server test is both underinclusive and overinclusive.

Blogging 97

Blogging Copying Social Media Copyright 97

Velocity of Content

JUNE 8, 2023

billion from the 2023 enacted level, for CHIPS and Science Act authorized activities. With the increasing amount of scientific information being published, whether you are an individual researcher or an organization purchasing scientific articles, it’s important to consider some factors when choosing a document delivery provider.

Journalism 98

Journalism Licensing Publishing Copyright 98

Kluwer Copyright Blog

JANUARY 7, 2024

Generative AI, Copyright and the AI Act by João Pedro Quintais 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.

Blogging 75

Blogging Copyright Copyright Law Technology 75

Kluwer Copyright Blog

FEBRUARY 28, 2024

As such, it was permissible under United States copyright law. In other words, Google did not merely copy the books; it made use of them to create a new and valuable product, in the form of the Google Books service, and one that, according to the court, did not compete with the existing market for books. copyright law.

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Fair Use Copyright Moral Rights Copyright Law 136

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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Copyright Fair Use Copyright Law Law 137

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023.

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Copyright Fair Use Copyright Law Copyright Infringement 96

The IP Law Blog

AUGUST 17, 2023

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. The Ninth Circuit reaffirmed the test they articulated in Perfect 10, Inc.

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

TorrentFreak

JULY 23, 2023

This article is not a recommendation of any kind. We have included all VPN providers we contacted that don’t keep extensive logs or block lawful torrent traffic on all of their servers. We have included all VPN providers we contacted that don’t keep extensive logs or block lawful torrent traffic on all of their servers.

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Privacy IP Technology Reporting 137

Copyright Lately

DECEMBER 4, 2023

has been sucking up so much media oxygen that we risk overlooking hundreds of other prominent creative works that will become copyright-free when the clock strikes twelve on December 31, 2023. copyright lapse for A. I’ve listed dozens of other notable works entering the public domain at the end of this article.

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Public Domain Music Copyright Publishing 118