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 106

Derivative Work Copyright Law Copyright Law 106

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. In this regard, an important precedent lies in the history of US litigation involving Google Books. Fair Use Precedent?

Fair Use 136

Fair Use Copyright Moral Rights Copyright Law 136

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The IPKat

JANUARY 21, 2022

This is a review of Performer's Rights by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). The book is presented in 11 chapters.

Moral Rights 127

Moral Rights Contracts Editing Related Rights 127

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

The IPKat

FEBRUARY 20, 2024

Copyright Katfriend Seun Lari-Williams discussed the implications of the provision of Nigeria’s new Copyright Act which explicitly deems copyright as "movable property" for the purpose of the Constitution. There are also interesting questions about whether the deeming of copyright as "moveable property" is constitutional at all.

Moral Rights 65

Moral Rights Intellectual Property Editing Inventor 65

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

Copyright 102

Copyright Moral Rights Copyright Infringement Marketing 102