Kluwer Copyright Blog

JUNE 14, 2023

At the same time, the Italian Ministry of Culture has published new “Guidelines for the determination of the minimum amounts of fees and charges for the concession of use of property handed over to state institutes and places of culture of the Ministry of Culture ( Ministerial Decree of April 11, 2023, No.

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IPilogue

MARCH 27, 2023

Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring. Thus, as a new year approaches, those in the field of copyright look to see which works will expire at the end of the year. As a general rule in the U.S.,

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The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid. In JBrick, LLC v.

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IP and Legal Filings

JANUARY 16, 2024

The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. Our strong presumption flows from copyright law’s asymmetric recoveries. March 29, 2023).

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TorrentFreak

JANUARY 28, 2024

Copyright Term Extension Act, also dubbed the Mickey Mouse Protection Act , extended copyright protection to 95 years. public domain would spark headlines worldwide. public domain would spark headlines worldwide. Notably, the 1998 U.S. Nevertheless, that’s exactly what happened.

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The IPKat

FEBRUARY 8, 2024

IPKat copyright event on 14 March: you can attend in person. In late 2023, the Court of Appeal of England and Wales issued its judgment in THJ v Sheridan [2023] EWCA Civ 1354. In light of the above, it is clear that when, how, and at what conditions copyright protection arises are still very very (very!) relevant issues.

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LexBlog IP

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid. In JBrick, LLC v.

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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’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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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. Copyright Office.

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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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Kluwer Copyright Blog

APRIL 18, 2024

Copyright: WIPO. See Love 2023. No amendment offered in public session. No amendment offered in public session. No amendment offered in public session. Requires “exclusive right of authorizing the retransmission to the public” instead of a signal based protection. See Hugenholtz 2023 Delete Article 6.

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Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

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SpicyIP

FEBRUARY 9, 2023

One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings. In this post, SpicyIP intern Niyati Prabhu discusses the issues surrounding access to law and the dilemma surrounding copyright. Niyati Prabhu is a second year student pursuing B.A.LL.B.

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The IPKat

JULY 30, 2023

This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Now in its second edition, the book offers a primer on copyright-related challenges that artificial intelligence (AI) presents.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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43(B)log

OCTOBER 9, 2023

2023 WL 6381821, No. 28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. Cap Export, LLC v. Zinus, Inc., 2:21-cv-07148-JWH-MRWx (C.D.

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Dear Rich IP Blog

AUGUST 27, 2023

You don't need permission for designs produced before 1928 as they are in the public domain. And you don't need permission if the works were produced between 1963 and March 1989 and they did not include a copyright notice. In summary, you only need to be concerned about 1963 - 1989 designs with copyright notices.

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The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

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TorrentFreak

DECEMBER 1, 2023

Six causes of action including copyright infringement, trafficking in circumvention devices contrary to the DMCA, trademark violations, and unfair competition, encouraged three defendants to settle with Bungie. From: TF , for the latest news on copyright battles, piracy and more.

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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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TorrentFreak

NOVEMBER 30, 2023

In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out. Anyone can make a request, via the system, for certain non-public domain registration data.

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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. yet this relationship has received very little attention.

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SpicyIP

NOVEMBER 7, 2022

The author walks the reader through the standard IP tools of patents, copyrights and trademarks, noting the gaps in them in the Indian context, vis-a-vis dupes. Looking at the gaps and problems that this creates, the essay then answers its opening question in the negative, and instead suggests that such works are left to the public domain.

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SpicyIP

JULY 17, 2023

And Ors on 3 July, 2023 (Calcutta High Court) In a dispute concerning allegations of infringement and passing off, the Calcutta High Court has passed an interim injunction order holding that the defendant has prima facie infringed the plaintiff’s unregistered “USCO” mark. And Anr vs Twin Parts Pvt. Competition Commission of India & Ors.

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Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney.

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SpicyIP

NOVEMBER 10, 2023

Image by jcomp on Freepik On November 3, 2023, Ministry of Information and Broadcasting issued a notification (see here ), establishing an ‘ institutional mechanism of Nodal Officers’ , under Sec. Cinematograph (Amendment) Act, 2023 Lokesh in his post, discusses ‘intermediary liability’ in the new amendment. Second , the govt.

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TorrentFreak

AUGUST 7, 2023

With no announcements from Sky or the Premier League, and the associated court orders not yet in the public domain, the scope of the Sky order remains unclear. While that timed out on July 27, 2021, blocking continued during the 2021/2022 and 2022/2023 seasons under the authority of the High Court.

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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. That’s what copyright law is for. — Bright Data has long sold the data of all the major social media companies. citations omitted) X Corp. Bright Data at 21.

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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

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). Guy Rub , The Ohio State University Michael E. ML Genius v.

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Intepat

MAY 4, 2023

After the period of protection, the inventions and information surrounding it fall into the public domain. Apart from this, the public disclosure at the time of application allows others to build upon this preexisting knowledge. Recently the Competition (Amendment) Act, 2023 was passed which incorporated certain key changes.

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Kluwer Copyright Blog

APRIL 25, 2024

Over the same period, however, the government’s messaging around Canada’s AI- copyright policy has been anything but consistent. It is unclear whether the use of copyrighted works for training an AI system is considered copyright infringement if the…owner’s permission is not obtained.…

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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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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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Velocity of Content

DECEMBER 6, 2023

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.”

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IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Zafar Mahfooz Nomani, 2023).

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