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.

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Patently-O

AUGUST 18, 2023

18, 2023). A federal court has dealt a blow to the prospect of granting copyright protections to works created entirely by artificial intelligence systems. In their recent decision, Judge Howell ruled that because AI systems lack human authorship, their output is ineligible for copyright. By Dennis Crouch Thaler v.

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LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

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IP and Legal Filings

MAY 3, 2023

Here, merely automated and mechanical work that lacks originality is also protected by the said copyright doctrine. For instance, in accordance with this doctrine, the author would be entitled to copyright protection if someone collected different poems that were previously in the public domain and produced in a single document.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No.

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Technology & Marketing Law Blog

MAY 13, 2024

In November 2023, X corp. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. As legal commentators have observed for decades, the question is often teed up where, as here, state-law claims draw upon a standard form contract. Bright Data at 21.

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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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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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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.

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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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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.

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LexBlog IP

JANUARY 10, 2024

On December 6, 2023, Bob Woodward and other defendants moved to dismiss claims brought against them by former President Donald J. Trump Woodward’s publication, The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump, an audio-book also released in print. What did those papers say? ” H.R.

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IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. Zafar Mahfooz Nomani, 2023). At international level, Berne Convention was the first major convention established in 1886 to govern copyright, and USA became a signatory to Berne in 1989.

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The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Copyright Lately

APRIL 3, 2023

The theory behind CDL is that by maintaining a consistent “owned-to-loaned” ratio between physical books and digital copies, libraries can meet the needs of twenty-first-century patrons without violating existing copyright law. million additional books protected by valid copyrights. At least, that’s the theory.

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SpicyIP

JANUARY 8, 2024

Highlights of the Week Comments on Draft IPR Division Rules of High Court at Calcutta, 2023 Image from here Comments on the Draft IPR Division Rules of Calcutta High Court were due on January 5. Copyright Bill, 1955: the Best Copyright Law that India Never Had Image by Shivam.

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SpicyIP

FEBRUARY 9, 2023

While it’s understandable how and why the law of contempt and the IT Act will be applied, the position on copyright infringement is not particularly clear. Additionally, when the law of contempt already exists, it’s unclear what benefit copyright law brings. from NUALS, Kochi.

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The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.).

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SpicyIP

NOVEMBER 16, 2023

Despite SC orders (for eg here ) that courts should be extremely cautious while granting ex-parte interim injunctions, it appears that the original injunction was granted without asking for any evidence to show it is unique in the market, or without even specifying what exactly the claimed copyright in the GUI covers!

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Patently-O

APRIL 6, 2023

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. WPL , the Federal Circuit squarely addressed the copyrightability question.

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IP Intelligence

AUGUST 15, 2023

copyright law protects human-authored expression, not works generated purely by generative AI. When a human author uses generative AI tools to create their work, the scope of copyright protection extends to the human-authored aspects of the work, not the AI-generated material within that work. See, e.g. , SAS Institute v.

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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. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” Morford , at 11. ” Id.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. If so, his interview responses are in the public domain and can be freely published without any royalties to Trump.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Feist Publications, Inc. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

Elster and held oral argument on November 1, 2023, most commentators believe—like me —that the Court will reverse the Federal Circuit and hold that Section 2(c) is consistent with the Free Speech Clause of the First Amendment on its face and as applied to Elster’s trademark application. Section 2(c) is a viewpoint-neutral trademark law.

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