Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

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Kluwer Copyright Blog

JANUARY 7, 2024

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2024 to all of our readers, as well as reflect on developments in copyright over the past year. Generative AI, Copyright and the AI Act by João Pedro Quintais Generative AI is one of the hot topics in copyright law today.

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The IPKat

DECEMBER 10, 2023

Image: flickr.com Katfood SMEs and Chinese market opportunities webinar 4IP council is organising a webinar session titled "SMEs and patent holdouts: how European SMEs fight back", dedicated to European SMEs and startups interested in the opportunity that the Chinese market can bring to their businesses. For details, click here.

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The IPKat

DECEMBER 3, 2023

The conference is set to take place on 13 and 14 June 2024 at the University of Alicante. The deadline to submit the proposals is set on the 28 February 2024. The Chair is launching a Call for Papers , addressed to anyone interested in presenting during the conference in relation to any of the topics. More information here.

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Patently-O

MAY 9, 2024

By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. 2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 20, 2024). 20, 2024). Nealy , No. 22-1078, 601 U.S. Nealy , Patently-O (Feb.

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The IPKat

MARCH 10, 2024

Webinar on navigating intellectual property in sustainable fashion (13 March) 4IPCouncil is organizing a webinar on second-hand luxury markets on 13 March at 16:00 CET. IMRO and Law Society Annual Copyright Lecture (1 May) The 5th annual IMRO/Law Society of Ireland Copyright Lecture will be held in Dublin on 1 May, 18:00 – 19:30.

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The IPKat

JANUARY 23, 2024

Regulation, Innovation and Competition in Pharmaceutical Markets, by Margherita Colangelo. And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best Copyright Law Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. •

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Technology & Marketing Law Blog

MAY 13, 2024

May 9, 2024). — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Maybe your filings are all in the US, but the EU and Brazil have become major markets for you. Similarly, if you expect to launch in new markets, lay the groundwork with a trademark application. It misses you!

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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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Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S.

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Copyright Fair Use Copyright Law Editing 56

Technology & Marketing Law Blog

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago. mobile device screen.”

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SpicyIP

JANUARY 8, 2024

student at National Law University, Delhi. Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Vedika is a third-year B.A.LL.B.

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Patently-O

FEBRUARY 20, 2024

If the discovery rule is upheld, the Court may also delineate its contours around due diligence and the copyright holder’s duty to search for infringement — providing guidance on when the copyright owner “should have known” about the infringement. 51 ABA Preview of US Supreme Court Cases February 2024, at 12.

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TorrentFreak

JANUARY 8, 2023

Under this new regime, it appears that rightsholders’ will be denied their right to determine a market price for their content. Instead, the lower house of the Belarusian parliament will determine the market price based on unknown factors. The law ( pdf ) will come into force this week and remain in place until December 31, 2024.

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Music Intellectual Property Cinema Intellectual Property Law 141

Kluwer Copyright Blog

DECEMBER 11, 2023

The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an end a legislative process that has lasted more than two and a half years and during which the scope of the Act has been significantly expanded.

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The IPKat

DECEMBER 15, 2023

These requirements include technical documentation, the obligation to comply with EU copyright law and communicating what data the models are ‘trained’ on. The requirement to disseminate “detailed summaries about the content used for training” may work to mitigate the use of copyrighted material without consent.

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SpicyIP

MAY 23, 2024

Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.

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Music Licensing Copyright Moral Rights 59

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. Justice Halley’s order dated May 8, 2024, was handed down Wednesday.

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Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. Do the creators and users of large language models (LLMs) and as sociated generative AI applications infringe the copyrights of content creators? Legal & Copyright Issues With that technical background, the discussion moved to legal and copyright issues.

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Olartemoure Blog

JANUARY 19, 2024

Two modalities can be applied: the first, aimed at those companies wishing to attend international audiovisual markets ; and the second for those who have ongoing negotiations and wish to convene a technical visit to Colombia with foreign producers. The call is open until December 13, 2024, and details can be found at this link.

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Cinema Intellectual Property Reporting Marketing 40

Velocity of Content

JUNE 8, 2023

Additionally, the Biden Administration’s 2024 proposed budget includes an increase of approximately $6.5 Be sure that your document delivery provider gives you full details about the rights you have access to so that you can ensure compliance with copyright laws and regulations. increase from 2021.

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Kluwer Copyright Blog

MARCH 13, 2024

More crucially, rightholders can instrumentalize their exclusive right to control initial access to their works, making the exercise of user rights increasingly difficult if not impossible ( Kretschmer & Margoni, 2024 ). However, it is only a first step towards making user’s rights a reality.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). NFTs may offer opportunities for U.S. resale royalties).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

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] 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986).

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Kluwer Copyright Blog

DECEMBER 26, 2023

This quantitative approach has already been criticised by researchers as incompatible with the single market objectives of the Directive and fundamental rights. Additionally, although the changes to the law are effective immediately, the entry into force of the new provisions on transparency and accountability implementing art.

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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. 4 provides exceptions or limitations for the purposes of text and data mining for other purposes.

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Copyright Lately

MAY 13, 2022

That’s going to happen on January 1, 2024, regardless. What reporters should have been focused on is the fact Hawley’s bill, if passed, would immediately inject dozens of other works into the public domain years earlier than their copyright terms would otherwise expire. The problem is that under U.S.

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Reporting Copyright Public Domain Marketing 119

SpicyIP

JANUARY 27, 2024

2024 has arrived. We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc.

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LexBlog IP

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2]

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Kluwer Copyright Blog

DECEMBER 13, 2023

Image generated from DALL-E 3 with the prompt ‘ ASEAN Ministers discussing the ASEAN AI Framework Guidelines during the ASEAN Summit 2024 in Bali, Indonesia.’ ’ Setting the Scene Much ink has been spilled on the legal discourse surrounding generative AI (GenAI) and copyright.

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Technology & Marketing Law Blog

MAY 15, 2024

May 9, 2024). In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

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SpicyIP

DECEMBER 17, 2023

‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? Can AI Generated works be regarded as “works” capable of protection under copyright law? Call for Submissions: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol.

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SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024.

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024.

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