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.

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Blogging Copyright Contracts Cease and Desist 80

IP and Legal Filings

MARCH 12, 2024

To protect the right of creators, Copyright law was introduced, fostering creative innovation. Copyright Law and Insufficient Injunctions The British Statute of Anne, 1710, was the first copyright statute. Indian Journal of Intellectual Property Law, 11, 179-204. To Block or Not to Block?:

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Intellectual Property Copyright Journalism Copyright Infringement 81

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

IPilogue

FEBRUARY 21, 2022

In response to the call to submissions, thirteen scholars in Intellectual Property, including Osgoode Hall Professor Carys Craig and Queen’s Law Professor Bita Amani, penned their suggestions for how the government could address these concerns. The scholars rejected the notion of copyright protection for AI-generated works.

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Government Copyright IP Intellectual Property 111

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). This is now set to change.

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Government Intellectual Property Licensing Copyright 95

The IPKat

AUGUST 24, 2021

In 2014, a total of nine regulations came into force, each of which presented a significant change to UK copyright law. For museums, there are now exceptions for digital displays of collection works on dedicated terminals and, in certain situations, for making preservation and replacement copies.

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Art Copyright Editing Publishing 98

Kluwer Copyright Blog

MARCH 16, 2022

The existing TDM exceptions under UK copyright law. For the exception to kick in the person must have “lawful access” to the work and any copy must be accompanied by “sufficient acknowledgement”. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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Licensing IP Intellectual Property Intellectual Property Law 93

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. When you come across the word ‘copyright,’ what exactly is it that comes to your mind?

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Moral Rights Copyright Intellectual Property Licensing 52

SpicyIP

NOVEMBER 16, 2023

student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law ]. Image taken from the order Going a step further, the SB relied on the doctrine of merger to assess whether copyright can be claimed on the app.

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Copyright Marketing Marketing Copying 59

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. Why Consider Registering a Copyright?

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Copyright Registration Music Copyright Law 105

Canadian Intellectual Property Blog

OCTOBER 13, 2021

Hendley, 2021 FC 498 [ Winkler ], the Federal Court (the “Court”) addressed an unusual issue of copyright protection in a nonfictional work containing descriptions of events with questionable historical accuracy. In its decision, the Court reiterated that copyright protection does not extend to facts.

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Copyright Copyright Infringement Publishing Intellectual Property 52

Kashishipr

JULY 6, 2022

How can you save yourself from receiving a copyright claim? Are there provisions in the Indian Copyright Act allowing remixing an old song to a new song? Copyright protection in the music industry gives the producers exclusive legal ownership of creative musical works and recordings.

Music 59

Music Copyright Intellectual Property Copyright Infringement 59

Kashishipr

AUGUST 2, 2021

Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office. Documents required to be filed online along with the application are as follows: Proof of ownership of the IPR and copies of the corresponding registration certificate. A copy of the rights holder’s passport.

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IP Intellectual Property Registration Registering Trademarks 105

LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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Fair Use Art Licensing Derivative Work 52

SpicyIP

JULY 22, 2023

As the chatter around AI maintains its upward flight, its interplay with the intellectual property system of the country must be discussed too. In this light, this post presents a literature review of the governmental response to AI-related IP issues and the concerns and suggestions of civil society on them.

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IP Intellectual Property Reporting Government 98

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

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Intellectual Property False Advertising Designs Design 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work. More from our authors: Law of Raw Data.

Law 52

Law Copyright Television Copyright Infringement 52

Intepat

MAY 16, 2023

Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime. However, Indian law has indirect references for the protection of publicity rights. Additionally, Sec. Under this Act, Sec. For instance, in Titan Industries Ltd.

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Kluwer Copyright Blog

APRIL 28, 2022

Just like the Advocate General in his opinion , the Court arrives at this conclusion largely along the lines of argument presented by the EU institutions. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €

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Copyright Law Intellectual Property Law Public Domain 108

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. xxiv] Intellectual property law recognizes a limited monopoly-esque property right for the creator.

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Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

APRIL 21, 2021

These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark , design , etc.

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Intellectual Property Business Copyright Intellectual Property Law 40

LexBlog IP

NOVEMBER 30, 2022

1002 (2017), a case about cheerleading uniforms for most, but an invitation to me to examine the intellectual feast of issues about food porn. Claire Germain, a US law professor, wrote a 2019 article comparing French and US intellectual property law on the question of recipe rights. Varsity Brands , 137 S.Ct.

IP 52

IP Intellectual Property Fair Use Trademark 52

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action. by Christopher Heath. €

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Kluwer Copyright Blog

FEBRUARY 1, 2022

It has been copied many times, and recognising any exclusivity in such a move would undoubtedly impede the “technical progress” of the game. It seems, too, that a “style of play” would not be treated as subject matter of copyright. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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Copyright Art Music Intellectual Property 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” copyright law. Compendium, at Section 313.2 ]. ” Welsh (2015) at 134. ” Id. at 135-36. .”)

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Intellectual Property Invention Trademark Copyright 52

LexBlog IP

APRIL 20, 2022

In more Northern countries and frontier cultures , spring cleaning presented the opportunity to wipe away soot and grime of winters indoors in shelters lit and heated by oil-burning lamps or wood-burning fires. How To Clean Up Silkscreens : Anybody who has ever had a silkscreen shirt knows that cleaning silk screens presents challenges.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law.

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