IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.

Copyright Law 78

Copyright Law Art Designs Design 78

TorrentFreak

MAY 4, 2024

At a time when legal streaming services didn’t even exist, Subscene offered subtitles for large libraries of movies and TV shows in multiple languages. Making content accessible to non-native speakers, in countries where legal streaming services wouldn’t arrive for a decade, didn’t just help people to understand movies.

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Branding Brands Branding Government 60

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

Law 64

Law Music Copyright Art 64

Michael Geist

FEBRUARY 3, 2022

The minister and his department insisted that the new Bill C-11 addressed the concerns raised with Bill C-10 and that Canadians could be assured that regulating user generated content is off the table. First, the question of regulating user generated content , referred to in the bill as content uploaded to a social media service.

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Social Media Government Music Licensing 131

The IPKat

DECEMBER 2, 2022

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. Images generated using text-to-image technology, including DALL-E 2 , Midjourney , and Stable Diffussion , have become a main topic in AI.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

Kluwer Copyright Blog

JUNE 29, 2023

Summary In the case of Wright & Ors v BTC Core & Ors [2023] EWHC 222 the High Court was faced with a technical copyright question about whether literary copyright can subsist in the file format used for the Bitcoin System (the “ Bitcoin File Format ”). 3(2) Copyright Designs and Patents Act 1988 (the “ Act ”).

Database Right 101

Database Right Copyright Editing Copyright Infringement 101

Kluwer Copyright Blog

JANUARY 17, 2024

In general, they use what is called a transformer architecture. Including model weights in the realm of copyright faces some obstacles. In other words, there is not a textual production in a programming language. A third challenge in granting copyright in the machine learning model weights is their functional nature.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Michael Geist

APRIL 20, 2023

With Bill C-11 in the final stretch – Senate approval could come this week – the government finally provided a more detailed explanation for rejecting the Senate’s user content regulation fix. It is sad that as the bill nears passage, the government doesn’t seem to understand or misleads on the impact of its own legislation.

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Government Social Media Law Music 102

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Michael Geist

MAY 16, 2022

I’ve already written several posts expressing concern about the overbreadth of the bill and its implications. Tech giants would fairly compensate Canadian journalists when they use their content. These DNIs will surely include Google and Facebook, but could extend to Twitter, LinkedIn, Apple, and many others.

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Government Copyright Law Marketing Marketing 95

Michael Geist

OCTOBER 13, 2023

After months of urging Heritage Ministers Pascale St-Onge and Pablo Rodriguez to stand up to Google and Meta’s response to Bill C-18, News Media Canada – the lead lobbyist for the legislation – appears to have waved the surrender flag as it is now urging the government to accommodate Google’s concerns with draft regulations.

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Government Advertising Advertising Journalism 124

Intepat

JANUARY 5, 2024

However, it opens the gateway to anonymous pirates to duplicate copyrighted works and disseminate them online. Due to the fact that it is not practicable for copyright owners to detect and fine-tooth comb all the individual users, copyright owners depend on and hold liable the internet intermediaries that allow pirated works to exist.

Copyright Infringement 52

Copyright Infringement Copyright Privacy Government 52

TorrentFreak

MARCH 28, 2022

Notices of infringment sent by rightsholders under the Digital Millennium Copyright Act are supposed to identify infringing content so that online services can remove it, thus protecting the rightful owners. Other notices targeted Bungie’s own channels. This includes content on our own Bungie channels.

Copyright 105

Copyright Intellectual Property Copyright Infringement Contracts 105

Michael Geist

DECEMBER 7, 2022

The widespread concern over Bill C-11 has largely focused on the potential CRTC regulation of user content. Despite repeated assurances from the government that “users are out, platforms are in”, the reality is that the bill kept the door open to regulating such content. The language in the bill is clear: Section 4.2

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Government Social Media Music Copyright 95

Kluwer Copyright Blog

MAY 5, 2022

This case concerns a dispute between the collecting management organisation CEDRO [1] and GOOGLE DISCOVER for non-payment of fair compensation for the limitation established in article 32.2 (now now abrogated by the implementation of the CDSM Directive [2] ) of the Spanish Copyright Act (SCA) between 6 December 2016 and 31 October 2020.

Intellectual Property Law 107

Intellectual Property Law Publishing Copyright Intellectual Property 107

Michael Geist

MAY 25, 2022

I was included on the opening panel and used my opening remarks to focus on two key issues: Bill C-11’s regulation of user content and its overbroad regulatory approach and the need for greater certainty. As the top of the list in this regard is the regulation of user content.

Social Media 138

Social Media Government Television Music 138

Michael Geist

SEPTEMBER 21, 2022

Indeed, the emergence of Amazon as the third largest digital ad platform and the growth of others (soon including Netflix) highlight the tenuous connection between news and digital advertising trends. . In fact, after Rodriguez left the CBC’s Vassy Kapelos visibly puzzled , he has said little about it.

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Government Journalism Advertising Advertising 94

LexBlog IP

DECEMBER 20, 2023

In a decision issued [1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. copyright law and may have far-reaching implications. Background of Case The plaintiff used a U.S.-based The plaintiff sued for copyright infringement in May 2023.

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums.

Moral Rights 70

Moral Rights Copyright Music Art 70

Michael Geist

MAY 3, 2023

The discussion focused on a wide range of issues, including the risks of mandating payments for links, the non-compliance with international copyright obligations, why the CBC should not be included in the payment for links system, and how a fund would be a better approach. My name is Michael Geist. The solution?

Journalism 66

Journalism Copyright Law Copyright Law 66

The IPKat

JANUARY 5, 2023

legal battle over the character of Zorro, the Supreme Court has provided important guidance on the requirements and limits of parody under both copyright [see also here for a recent French case] and trade mark law. Background Back in 2007, US company Zorro Productions sued CO.GE.DI. Let’s see what happened.

Copyright 138

Copyright Law Advertising Advertising 138

IP Intelligence

APRIL 24, 2023

This creates a major problem. There are other types of AI beside GAI, and corporations and other stakeholders throughout multiple industries have been using them for years. There are other types of AI beside GAI, and corporations and other stakeholders throughout multiple industries have been using them for years.

Ownership 98

Ownership Copyright Public Domain Registration 98

Kluwer Copyright Blog

DECEMBER 5, 2022

It makes use of several technological developments and in particular computing devices with wireless connectivity that let the user connect to the Internet and other devices in different places. Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications.

Copyright 103

Copyright Public Domain Art Moral Rights 103

The IPKat

SEPTEMBER 27, 2023

Earlier, before the movie started, you watched an advertisement for a soft drink, presented by none other than Marilyn Monroe and James Dean. Protecting one’s persona What rights do the heirs have to control and protect the commercial use of the image and persona of the deceased, and what are the consequences if these rights are infringed?

Personality Rights 129

Personality Rights Advertising Advertising Publishing 129

LexBlog IP

SEPTEMBER 25, 2023

As artificial intelligence (AI) grows in prevalence and accessibility, it is important for employers to consider the implications of its use by their employees. This article focuses on certain issues employers should strongly consider when drafting and implementing an internal AI policy. What is AI?

Confidentiality 52

Confidentiality Intellectual Property Marketing Marketing 52

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. So, why aren’t Disney concerned? Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Steamboat Willie. Oswald the Lucky Rabbit. The short answer is no.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

AUGUST 12, 2021

Nicklen sued Sinclair Broadcast Group and others. Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Corsearch

APRIL 27, 2023

As usage of AI chatbots continues to skyrocket, there are significant implications relating to consumer behaviour and how IP infringing content is accessed. In this blog, we ask: can AI chatbots be used to find pirate websites? Unfortunately, as with any new technology, there is the potential for it to be used for nefarious purposes.

Copyright Infringement 52

Copyright Infringement Technology Blogging Copyright 52

Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. That leaves open the jurisdictional basis for the other 16 defendants. The court says that uploading videos to YouTube doesn’t create jurisdiction in YouTube’s home court.

Copyright 78

Copyright Design Patent Trademark Designs 78

LexBlog IP

DECEMBER 12, 2023

Yet, beneath the surface of the transformative potential of AI lies a complex legal web of intellectual property (“IP”) risks, particularly concerning the use of “real-world” training data, which may lead to alleged infringement of third-party IP rights if AI training data is not appropriately sourced.

IP 52

IP Database Right Intellectual Property Copyright 52

Kluwer Copyright Blog

DECEMBER 7, 2022

Part 1 of this post outlined augmented reality (AR) technology, its applications in the cultural heritage sector and its potential copyright implications. This part discusses the relevant copyright exceptions and limitations. Copyright exceptions and limitations that may have an impact on AR are contained in Art.

Copyright 56

Copyright Art Public Domain Copying 56

LexBlog IP

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below.

Government 52

Government Business Copyright Licensing 52

TorrentFreak

FEBRUARY 24, 2023

The problem for manga creators and publishers today is that pirates offer their copyrighted content for free in the same global market. And when Japanese rightsholders seek to mitigate infringement in overseas legal processes, new challenges appear around every corner. Those domains – gokumanga.com and doki1001.com

Publishing 120

Publishing Advertising Advertising Music 120

The IPKat

JULY 7, 2023

The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of London in 2015 to bring together creators, legal practitioners and researchers in the field of Interactive Entertainment. The second panel of the day identified interoperability as a key attribute of the Metaverse.

Reporting 86

Reporting Music IP Intellectual Property 86

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? Open AI, which created the popular Dall-E 2 program, wasn’t named in the lawsuit, likely because the content of its training data hasn’t been made public.

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Derivative Work Art Copying Fair Use 108