Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Where AI alone creates a work, this point seems clear.

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Copyright Copyright Law Artistic Work Ownership 147

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. Fair use is mostly cited in cases where someone criticizes an author’s books or literary work.

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SpicyIP

DECEMBER 16, 2023

In the conclusion I will highlight the major developments in the term of copyright post the Copyright Act of 1957. The Setting and the Context The term of copyright is perhaps one of the most important defining features of any copyright law. The term varied depending on the nature of the work.

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Copyright Artistic Work Publishing Public Domain 59

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

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Derivative Work Editing Copyright Music 137

LexBlog IP

DECEMBER 18, 2023

Patent & Trademark Office (USPTO) recently published a notice entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” a)(I) ] but provides important clarifications.” ” 80 Fed.

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Kluwer Copyright Blog

NOVEMBER 6, 2023

If the computer somehow transcends its role as a tool in such a way that the purported human author cannot claim he created the output, we are dealing with computer-generated or emergent works. Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union (see Blaszczyk ).

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The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. The copyright lawyer might well respond with a glazed look. Indeed, it is Benjamin's notion of the aura, where each work of art has its own unique setting, which underscores just how derivative its use is when applied to a book cover. But of course.

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Art Artwork Copying Moral Rights 134

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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Copyright Art Copyright Law Licensing 124

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Picture Credit: gettyimage].

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LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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Copyright Related Rights Artistic Work Public Domain 56

SpicyIP

DECEMBER 17, 2023

Reddy contended that if a book holds commercial value, it would be commercially exploited within a decade, benefiting both the author and the publisher. Conversely, if a book fails to appeal to the public and generate returns, extending copyright for an extended period would serve no purpose. Along similar lines, Lilavati Munshi (p.

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Copyright Publishing Music Artistic Work 59

IIPRD

AUGUST 11, 2023

This makes it difficult for the creator to control the dissemination of their works. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. For content piracy, Takeshobo Inc.,

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Art IP Intellectual Property Copyright 52

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. And yes, I verbed a noun.

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Derivative Work Public Domain Copyright Fair Use 104

Intepat

NOVEMBER 20, 2023

It represents an intangible, incorporeal entitlement bestowed upon the author or originator of literary or artistic creations, conferring upon them the exclusive privilege to reproduce, publish, and sell their work. What is Registered Copyright? How is it different from Unregistered Copyright?

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Registration Copyright Ownership Public Domain 52

The IPKat

NOVEMBER 20, 2022

Oriakhogba’s work is a timely reflection on approaches to navigate the complex terrain of using copyright laws to address issues of ownership, control and management inherent in or arising from repatriated (and/or "should-be-repatriated") cultural heritage materials. Artistic works?)

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Ownership Copyright Intellectual Property Law Government 125

SpicyIP

DECEMBER 29, 2023

The image was published without obtaining the plaintiff’s permission and without the plaintiff’s watermark. Original work by a human The court held that the image qualifies as an original work of human intellectual achievement under applicable Chinese copyright law.

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Copyright Copyright Infringement Copyright Law Copying 59

TraskBritt Intellectual Property

MARCH 18, 2021

A copyright is a form of intellectual property that protects original works of authorship. Copyrightable works include literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. A registered copyright provides public notice of your rights.

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LexBlog IP

FEBRUARY 29, 2024

Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. The term of copyright depends on timing of creation and publication in the US, as well as the type of work in Canada. Trademark law has something to say about use.

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SpicyIP

JULY 5, 2021

I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. The Bombay High Court in Hindustan Unilever Ltd v.

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Intellectual Property Trademark Licensing Copyright 105

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Australian Federal Court found that the HTML codes were not at risk to copyright assurance as they were not made by the human makers [6]. 1996) 38 DRJ 81 (India). [2]

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Ownership Moral Rights Public Domain Intellectual Property 61

SpicyIP

AUGUST 2, 2021

Starting off with the copyright exceptions, she writes about how the Standing Committee Report views the exception to infringement under Section 52 as widely scoped and detrimental to the publishing industry and authors. Fonts and Typefaces: Are they Copyrightable?

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Reporting Designs Design Copyright 116

IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures.

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Copyright Infringement Law Copyright Intellectual Property 52

Velocity of Content

MARCH 22, 2023

For a long time – most of the 20 th century at least – calculating copyright terms has been a complicated matter. Congress extended the terms a few times , modified requirements for registration and “harmonized” US copyright law according to treaty agreements. Building on others’ initial work, Prof.

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Copyright Publishing Social Media Artistic Work 98

IP and Legal Filings

NOVEMBER 10, 2022

Copyright protects works like literary, computer programs, plays, music and paintings. It is not ideas but their expression that are protected by copyright law. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work.

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Copyright Intellectual Property Registration Copyright Infringement 75

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection?

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Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. The genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. 2] The USCO, maintaining this perspective and upholding the human authorship requirement with respect to GenAI works, refused to register the copyright claim in the Work.

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IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. 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.” can have copyright.

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Copyright Public Domain Copying Publishing 90

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

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Copyright Moral Rights Derivative Work Registration 52

IPilogue

SEPTEMBER 23, 2021

David Vaver is the Acting Director of IP Osgoode and a Professor of Intellectual Property Law at Osgoode Hall Law School. The following is a preview of a paper to be published in the Intellectual Property Journal. . 2 of the Copyright Act RSC 1985, c.

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Ownership Copyright Intellectual Property Designs 92

Technology & Marketing Law Blog

JUNE 20, 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. When the publishers learned of the Prince Series, they decided to use Orange Prince instead.

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Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law.

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Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. Thus, copyright protection in the work subsists, with authors having the exclusive right to authorise or prohibit the economic exploitation, including the reproduction, of their works.

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