The IPKat

OCTOBER 30, 2023

Therefore, as regards a portrait photograph, the protection conferred by Article 2(a) of Directive 2001/29 cannot be inferior to that enjoyed by other works, including other photographic works. This concept of reciprocity is a well-established adage not only in copyright law but also in design law as demonstrated elsewhere.

Copyright Law 78

Copyright Law Copyright Law Marketing 78

SpicyIP

JANUARY 17, 2022

Right to Research (“R2R”): An Independent Right with an Imposed Dependence in Copyright Law? However, a full-fledged discussion around whether a ‘Right to Research’ exists in India, whether it be internal, or external to Copyright laws seems largely absent. a user right under copyright law. Lokesh Vyas.

Copyright Law 119

Copyright Law Copyright Law Art 119

JD Supra Law

SEPTEMBER 8, 2023

Copyright Office published a notice of inquiry and request for comment (Notice) in connection with its ongoing study of the copyright law and policy issues raised by artificial intelligence (AI). Comments are due to the Copyright Office by October 18, 2023. Please see full Article below for.

Copyright Law 71

Copyright Law Copyright Law Publishing 71

The IPKat

NOVEMBER 22, 2021

this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

SpicyIP

JANUARY 3, 2024

Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. AI Image generated by Shivam, using Gencraft Copyright Bill, 1955: the Best Copyright Law that India Never Had By Shivam Kaushik Seen from Nehru’s eyes , Indian independence was a ‘tryst’ with destiny.

Copyright Law 69

Copyright Law Copyright Law Registration 69

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Designs Design Copyright Law 62

IPilogue

JANUARY 28, 2022

After spending the past two summers working for an IP boutique firm involved primarily in patent and trademark matters, I relished the opportunity to learn about copyright law outside of the classroom. This article shares my experience during my time at PCH.

Copyright Law 111

Copyright Law Copyright Law IP 111

Michael Geist

SEPTEMBER 23, 2022

Today’s post raises an unlikely issue given that Bill C-18 is the responsibility of Canadian Heritage Minister Pablo Rodriguez, who also has part responsibility for copyright law in Canada. In fact, just this summer it ruled : Copyright law does not exist solely for the benefit of authors: York University v.

Copyright Law 90

Copyright Law Copyright Law Government 90

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. You can read the previous round-ups here.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works. Kind of Copyright Infringement. The International Conventions on copyright law do provide certain protection to digitalized works.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

The IPKat

NOVEMBER 30, 2023

The GUIs at issue in THJ What does originality in copyright law mean? Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). This is an evergreen – yet still vexed – question.

Copyright Law 97

Copyright Law Copyright Law Copying 97

Velocity of Content

OCTOBER 20, 2021

But, as an article in MIT Technology Review points out , ML is the brains behind “recommendation systems like those on Netflix, YouTube, and Spotify; search engines like Google and Baidu; social-media feeds like Facebook and Twitter; voice assistants like Siri and Alexa.” That is quite a mouthful and may not sound very exciting.

Copyright Law 105

Copyright Law Copyright Social Media Law 105

The IPKat

JUNE 22, 2021

Do platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive ? At what conditions is the hosting safe harbour under Article 14(1) of the Ecommerce Directive available?

Copyright Law 123

Copyright Law Copyright Law Copyright Infringement 123

IP and Legal Filings

APRIL 19, 2022

Although Section 81 of the IT Act specifies that the prohibitions of Section 79 do not preclude anyone from exercising any rights allowed under the Copyright Act 1957, intermediaries are exempted from accountability for copyright infringement. As a result, the IT Act’s obligations have precedence over all other laws.

Copyright Law 73

Copyright Law Copyright Law Copyright Infringement 73

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

IP and Legal Filings

MARCH 9, 2022

If a singer, at a concert, was to sing in a melodious way, in an impromptu manner, i.e., there were no prior existing lyrics or melody, would such a singer be considered an author of the lyrics and the music, apart from being a performer Under Indian Copyright Law ? Music, which falls in the category of musical works; and. CONCLUSION.

Copyright Law 74

Copyright Law Copyright Law Music 74

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

IP Watchdog

NOVEMBER 2, 2022

While the goal of expanding repair opportunities for consumers is certainly laudable, repair advocates are pulling a fast one when it comes to the federal copyright law implications of their preferred state legislative solutions.

Copyright Law 72

Copyright Law Copyright Law Technology 72

Kluwer Copyright Blog

SEPTEMBER 23, 2021

While the idea of creating repositories of Public Domain and openly licensed works is not new as such, we are proposing to use Article 17 of the EU copyright directive as leverage to create such a repository. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty.

Public Domain 103

Public Domain Licensing Copyright Related Rights 103

The IPKat

JULY 15, 2021

Here's what Frederic writes: The General Court of the EU wanders into copyright law, and gets disoriented by Frederic Blockx No access for Kats Traditionally, the last few days of the Term yield an impressive harvest of cases out of Luxembourg. In doing so, the Court draws arguments from copyright law, which warrant closer attention.

Copyright Law 97

Copyright Law Copyright Law Intellectual Property 97

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. All this is testimony to the importance of this copyright exception.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. TB did not counter this argument and failed to submit any evidence to demonstrate the existence of the claimed copyrights.

Intellectual Property 97

Intellectual Property Cease and Desist IP Copyright 97

The IPKat

JULY 15, 2021

AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information? He considered that the only option available to the CJEU is to either save or annul Article 17 in its entirety.

Copyright 104

Copyright Law Related Rights Technology 104

IP Watchdog

MARCH 17, 2023

Copyright Office (USCO) launches a new plan to tackle AI’s impact on copyright law and policy; a Miami nightclub attempts to block LIV Golf’s trademark applications; and the U.S. Court of Appeals for the Federal Circuit (CAFC) rules in favor of Apple in its ongoing dispute with the USPTO.

Copyright Law 105

Copyright Law Copyright Law Trademark 105

IP Watchdog

OCTOBER 25, 2021

Patent and Trademark Office hosts an event exploring the intersection of copyright law and artificial intelligence, while the Hudson Institute takes a look at studies by the USPTO and the U.S. Copyright Office on state sovereign immunity from IP infringement suits. Elsewhere, the U.S.

Copyright Law 105

Copyright Law IP Copyright Law 105

Kluwer Copyright Blog

MAY 1, 2024

Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin. The proposed Design Directive and Regulation maintain the cumulation principle, aligning with CJEU case law on originality. Any limitation must be clearly defined by law.

Copyright 67

Copyright Art Designs Design 67

LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. a)(I) ] but provides important clarifications.” ” 80 Fed.

Designs 40

Designs Design Design Patent Artistic Work 40

TorrentFreak

AUGUST 6, 2021

Additional articles published on other local platforms report the type of allegations cited in IWUF’s affidavit filed with the Federal Court, i.e the manipulation of competition results and the acceptance of payment for favors.

Copyright Law 145

Copyright Law Government Copyright Law 145

Selvam & Selvam Blog

JULY 21, 2021

In the part one of this article, here, we discussed about the general understanding of AI divided as ANI and AGI, ANI’s adoption and influence in the copyright law, and complexities arising out of the adoption of ANI while generating copyrightable works. This article has been authored by Abhishek R.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property Law 52

IP Watchdog

FEBRUARY 4, 2023

Scroll through social media and you’re certain to find countless posts of images generated by artificial intelligence, or “AI.”

Copyright Law 128

Copyright Law Social Media Art Copyright 128

Kluwer Copyright Blog

MARCH 10, 2022

Estelle Derclaye, will welcome Lord Justice Arnold of the Court of Appeal of England and Wales as keynote speaker, while numerous leading voices from the academic community with IP law expertise will be brought together and contribute to the discussion. The conference’s host and ECS President, Prof. Séverine Dusollier, Prof.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property Law 52

JD Supra Law

DECEMBER 15, 2023

In part one of this article, we discussed the challenges artists face as they seek to protect their intellectual property from generative AI using copyright law. In part two, we explore a legal approach that may be more relevant. By: McDonnell Boehnen Hulbert & Berghoff LLP

Intellectual Property 71

Intellectual Property Copyright Law Copyright Law 71

Kluwer Copyright Blog

FEBRUARY 2, 2024

Liu ) that an AI-generated image is copyrightable and that a person who prompted the AI-generated image is entitled to the right of authorship under Chinese Copyright Law (see our bilingual version , and the later-released official translation ). The court therefore ruled that Defendant infringed upon Plaintiff’s copyright.

Copyright 135

Copyright Copyright Law Social Media Registration 135

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Barry Sookman

APRIL 7, 2024

… The post Understanding the AIA Copyright Provisions in the EU Artificial Intelligence Act appeared first on Barry Sookman.

Copyright 67

Copyright Copyright Law Art Technology 67

The IPKat

APRIL 15, 2024

The Court noted that the Czech Copyright Act (the Act), and particularly Article 40 thereof, confers upon the author of a work the right to demand, amongst other things, a determination of their authorship of the work and various forms of injunctive relief aimed at prohibiting unauthorised exploitation of the work.

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Copyright Copying Copyright Infringement Contracts 145