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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SpicyIP

DECEMBER 16, 2023

Discussing the history of the term of copyright and translation rights in Independent India by sifting through the Parliamentary Debates, we are pleased to bring you this three part post by Prachi Mathur. Hons) student at the National Law School of India University (NLSIU), Bangalore. What led to this divergence?

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Copyright Artistic Work Publishing Public Domain 59

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

The IPKat

JUNE 18, 2023

Postgraduate Diploma/MA in UK, EU, and US Copyright Law Online Course Informa plc and King’s College London have partnered to offer a distance-learning course on UK, EU & US Copyright Law starting 27 September 2023. Click here to apply. It deals with a wide range of rights (e.g., For more information, click here.

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Artistic Work Copyright Law Publishing Reporting 57

SpicyIP

DECEMBER 17, 2023

Image from here [ This post is authored by Prachi Mathur and is part II of the three-part post on terms of copyright and translations. Hons) student at the National Law School of India University (NLSIU), Bangalore. In Part I of the post, I discussed the relevant context for the term of copyright protection in India. page 143 ).

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Intepat

NOVEMBER 20, 2023

Intellectual property stands as a tribute to such endeavors, with copyright emerging as a unique category within this realm. Copyright, defined as the exclusive right granted to the creator for their intellectual labor, holds significance in the legal domain. What is Registered Copyright?

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SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 2(c)(i), and, thus, copyrightable under sec.

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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. Copyrighting Art.

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Art Copyright Artistic Work Public Domain 52

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. But unanswered questions abound.

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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 29, 2023

The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images ( GW law translated version here ). The image was published without obtaining the plaintiff’s permission and without the plaintiff’s watermark. And an AI model lacks legal personality.

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Copyright Copyright Infringement Copyright Law Copying 59

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

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. What Does a Copyright Protect?

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Trademark Copyright Intellectual Property Intellectual Property Law 52

Kluwer Copyright Blog

NOVEMBER 6, 2023

Copyright Office’s Review Board, found that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. jurisprudence embraces the distinction between works which are computer -aided and computer-assisted. In this way, the U.S.

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Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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Intellectual Property Invention Artistic Work Copyright 56

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. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

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Copyright Infringement Law Copyright Intellectual Property 52

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. Again, in the words of Benjamin, "the work of art becomes a creation with entirely new functions ….” The copyright lawyer might well respond with a glazed look. But this is not the case for works of art. But of course.

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Art Artwork Copying Moral Rights 134

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. Confused yet? Just wait.].

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Derivative Work Public Domain Copyright Fair Use 105

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.,

Art 52

Art IP Intellectual Property Copyright 52

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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LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. The law gives copyright owners a monopoly to exploit and monetize creative works. The law gives copyright owners a monopoly to exploit and monetize creative works.

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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. They gain from this information to create another piece of work, settling on free choices all through the cycle to figure out what the work resembles [2].

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Ownership Moral Rights Public Domain Intellectual Property 60

SpicyIP

AUGUST 2, 2021

Parliamentary Standing Committee and Copyright Reform: One Step Forward, Three Steps Back. Adyasha wrote about the Parliamentary Standing Committee’s recommendations on the copyright regime in India. Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Fonts and Typefaces: Are they Copyrightable?

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Reporting Designs Design Copyright 116

SpicyIP

JULY 5, 2021

Copyright Ownership in State Board Textbooks: Impediments to Accessibility. 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.

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Intellectual Property Trademark Licensing Copyright 105

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.

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Copyright Artistic Work Copyright Infringement Ownership 52

Velocity of Content

MARCH 22, 2023

The “simple version” of the effect of the Copyright Term Extension Act of 1998 , which is the one I’ve generally gone with, is as follows: Copyright terms for US works were extended by 20 years. In the ordinary case, that amendment to the US copyright statute extended terms to life-plus-70 years.

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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.

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Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

NOVEMBER 10, 2022

One of the most important forms of intellectual property is copyright. A copyright is a set of rights available to any person or entity responsible for the creation of an original authored work. Under Singapore’s Copyright Act , it is a criminal offense for a person or company to conduct wilful copyright infringement.

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Copyright Intellectual Property Registration Copyright Infringement 73

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. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Yet the Act does not define what “original” clearly means.

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Copyright Public Domain Copying Publishing 87

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.

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Copyright Derivative Work Fair Use Copyright Law 52

IPilogue

SEPTEMBER 23, 2021

The following is a preview of a paper to be published in the Intellectual Property Journal. . Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. 2 of the Copyright Act RSC 1985, c. C-42 [ Act ] calls it. . 12), these provisions in s.

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Ownership Copyright Intellectual Property Designs 92

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.

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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. 1] ” In his second request for reconsideration, Thaler reiterated his arguments and suggested that public policy would support registering GenAI works.

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Copyright Law Copyright Technology Registration 52

Garrigues Blog

MAY 11, 2021

Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. Copyright is a valuable asset for all industries and gives those who hold such rights a competitive edge.

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Copyright Moral Rights Derivative Work Registration 52

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. 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.

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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. On the other hand, given that these artworks have already fallen in the public domain, in such a scenario there is no room for copyright to apply. This is exactly the case here.

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