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Copyright, Upcycling, and the Human Right to Environmental Protection

Kluwer Copyright Blog

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent. What could this mean for copyright-relevant upcycling?

Copyright 113
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Who Owns the Copyright in AI-Generated Art?

Intepat

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.

Art 105
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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Technology & Marketing Law Blog

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” In 2018, following his second prison stint, Nealy sued Warner Chappell for copyright infringement. 3d 39 (2d Cir.

Music 95
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AI Generated Art and its conflict with IPR

IIPRD

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
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Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

Technology & Marketing Law Blog

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. California law requires that the property interest be “well-defined” and “like staking a claim to a plot of land at the title office.”

Copying 75
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Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 137
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2021 IP Year in Review

IPilogue

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Ad-hear to the Law: My Top Ten IP-Related Podcast Episodes by Claire Wortsman. Trademark Law.

IP 106