Kluwer Copyright Blog

APRIL 29, 2024

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain.

Public Domain 130

Public Domain Artwork Copyright Marketing 130

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. The notion that there is no publication or commercial “use” upon placing the image on the open Internet ignores the terms and purpose of Cal.

IP 72

IP Advertising Advertising Copyright 72

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius.

Blogging 91

Blogging Contracts Copyright Law Copyright 91

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. So too with unjust enrichment, which was based on defendants’ copying. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016.

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Standing makes him nervous b/c of privacy. The text of the statute doesn’t cover all the regulations, where the public interest is guarded. There’s an understanding of where the public interest is supposed to reside.

Trademark 45

Trademark Law Branding Brands 45