Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

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. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Trademark law has something to say about use.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

IPilogue

OCTOBER 26, 2022

The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. The Italian Code , which came into effect in 2004 and was updated in 2016, operates independently from copyright law. In Canada, under the s.

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

IPilogue

DECEMBER 10, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. copyright law. Copyright Act of 1909. Background. In 1949, C.W.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Velocity of Content

DECEMBER 19, 2023

Copyright protection exists from the time the work is created in a fixed, tangible form of expression. The copyright in the work of authorship immediately becomes the property of the author who created the work. Make it easy for employees to get up-to-speed by checking out our Copyright Education programs. Access it here.

Copyright 97

Copyright Music Public Domain Television 97

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 143

Artwork Public Domain Moral Rights Art 143

LexBlog IP

DECEMBER 21, 2021

The simple answer: public domain came to the rescue. Under copyright law in the 1940s, copyrights registered for an initial 28-year period, and that period could then be renewed for an additional 28 years with proper filings. This resulted in the production company producing the film at a pretty significant loss.

Copyright 40

Copyright Public Domain Derivative Work Copyright Law 40

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Slater, 16-15469, popularly known as the Monkey selfie case.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

IP Tech Blog

MAY 18, 2023

Because the jury is charged with determining whether the defendant copied original elements of the copyrighted work, Judge Gilstrap held an evidentiary “copyrightability” hearing to “filter” out the non-original, non-copyrightable elements of the plaintiff SAS’s software.

Copyright 57

Copyright Public Domain Copying Litigation 57

Kluwer Copyright Blog

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. More interestingly, the provision explicitly links the use of copyrighted works for training AI models to the text and data mining (TDM) exception in Article 4 of the CDSM Directive. .”

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Second, although mere facts and data as such are not protected by copyright, their extraction from protected subject matter (works, non-original databases, etc.) Scenario (1): Public Domain.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 67

Music Copyright Derivative Work Ownership 67

SpicyIP

JULY 14, 2023

A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. With over 35 years of experience in the creative industries, Achille pioneered music publishing in India with Deep Emotions Publishing in 1996 and has also served as a public servant in France.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Public Domain work. Image Attribution: John Tenniel (1865).

Copyright 61

Copyright Blogging Intellectual Property Registration 61

SpicyIP

DECEMBER 16, 2023

In this two-part blog, I will be analysing the historical debates and developments of the terms of copyright. In this part of the post, I would, give a brief overview of the socio-economic context surrounding the discussions on the term of copyright. There were differing views on the optimal duration of copyright protection.

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work. In this blog we will take a look at best practices to avoid copyright infringement. Public domain resources as a starting point.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

In India, the general term of copyright protection is the lifetime of the author plus 60 years after their death. After the expiration of the copyright term, the work enters the public domain, and anyone can use it without seeking permission.

Registration 52

Registration Copyright Artistic Work Ownership 52

IPilogue

MARCH 21, 2022

Some of the most notable arguments are included in a joint submission on the public consultation by 14 Canadian IP scholars. They recommended against recognizing AI as an author and argued that AI-generated works should remain in the public domain.

Registration 120

Registration Copyright Intellectual Property Public Domain 120

Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

LexBlog IP

DECEMBER 14, 2023

6] For further background on the AI Act and this risk-based approach, see our separate blog post here. [7] 18] See e.g., EURACTIV, AI Act: EU policymakers nail down rules on AI models, butt heads on law enforcement. [19] ” See Open Future – GPAI Compromise proposal. [17]

Reporting 52

Reporting Publishing Marketing Marketing 52

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. Feist Publications, Inc. 102(a)(5) , a category that is defined to include photographs, 17 U.S.C. 4th 26, 32 (2d Cir.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] 3] You Really Got Me: Second Circuit Rules in Favor of Met Museum in Fair Use Case Involving Photograph of Van Halen | HHR Art Law. [4] Goldsmith , 11 F.4th

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication.

Publishing 105

Publishing Marketing Marketing Advertising 105

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.

IP 52

IP Copyright Art Related Rights 52

Kluwer Copyright Blog

AUGUST 12, 2021

For these reasons, one can assume that this ruling has somehow lost its charm for copyright aficionados since it deals with the soon to be disposed of – if not entirely already overtaken in copyright-related matters – liability regime of the electronic commerce directive ( ECD ). Overview of the Egyptian Copyright Law.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

Kluwer Copyright Blog

MAY 17, 2023

The H2020 project reCreating Europe performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities. Part I of this blog post explained the mapping of EU sources and their conclusions. Part II deals with the comparative analysis of the law of all 27 Member States, with related comparative findings.

Reporting 52

Reporting Copyright Public Domain Copying 52

SpicyIP

JANUARY 8, 2024

Read the post for the co-authored comments and blog post with substantive and procedural suggestions on the Draft Rules. Copyright Bill, 1955: the Best Copyright Law that India Never Had Image by Shivam. Clothing brand Superdry sues Manchester City for using similar Asahi Super”Dry” logo for their training kits.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” Morford , at 11. ” Id.

Copyright 52

Copyright Art Copying Derivative Work 52

SpicyIP

JANUARY 2, 2022

The Court noted that redacting one’s name from a judgment acquitting them is counterproductive when there are other tarnishing publications in the public domain and that access to court judgments are integral to “open justice”, subject only to some exceptions. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam ” (2018), and my guest post on Eric Goldman’s Technology and Marketing Law Blog written after the Federal Circuit’s decision in In re Elster.) This type of expression should remain in the public domain available for everyone to use on expressive merchandise to convey ideas, information, and other messages.

Registration 74

Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. If so, his interview responses are in the public domain and can be freely published without any royalties to Trump.

Copyright 118

Copyright Blogging Publishing Fair Use 118

Barry Sookman

MAY 4, 2020

These were rejected as they “do not overcome the plain language of the patent laws as passed by the Congress and as interpreted by the courts”. These corresponding decisions are summarized in a blog post written by Alfred Macchione and Ben Lai of Mccarthy Tetrault.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. . “The basic premise of [S]ection 105.[is] ” H.R.

Ownership 52

Ownership Copyright Government Intellectual Property 52