Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3. Proposal 5.

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Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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Intepat

SEPTEMBER 15, 2023

To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright. Copyright laws are designed to safeguard the rights of creators. Historically, these rights have been attributed to human creators, forming the cornerstone of copyright law.

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Art Copyright Ownership Non-Fungible Tokens 105

Trademark and Copyright Law Blog

MARCH 11, 2021

In 1982, Universal filed suit in the Southern District of New York for trademark and copyright infringement , and also threatened, and extracted license fees from, Nintendo’s various US Donkey Kong licensees. Story first appeared on Trademark and Copyright Law.

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Public Domain Trademark Copyright Infringement Licensing 98

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.

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Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

The copyright comes into existence automatically as soon as the original work is created. But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. books, articles, poems), artistic works (e.g.,

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Registration Copyright Artistic Work Ownership 52

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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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Was it a license on the world’s greatest terms?

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Music Derivative Work Fair Use Cease and Desist 104

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Therefore, AI may not equipped for generating an original work. Hence, ownership is not granted to the AI.

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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.

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Non-Fungible Tokens Copyright Ownership Social Media 52

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.

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Non-Fungible Tokens Copyright Ownership Social Media 52

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. Re-Examining The Copyright Ownership Of Player Created Content, GNLU L.

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Copyright Ownership Publishing Copyright Infringement 79

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. Oracle America, Inc. ,

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Copyright Copying Copyright Infringement Fair Use 56

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).

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LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue.

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Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). Only one witness is quoted as having argued that such uses should be licensed by collective societies.

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Copyright Government Copyright Law Reporting 70

Copyright Lately

APRIL 3, 2023

The theory behind CDL is that by maintaining a consistent “owned-to-loaned” ratio between physical books and digital copies, libraries can meet the needs of twenty-first-century patrons without violating existing copyright law. million additional books protected by valid copyrights. At least, that’s the theory.

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IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 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. Condé Nast paid $400 for the license, which specified “No other usage right granted.” Figure 1, Slip op.

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Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. ” In 2004, video game publisher Capcom contacted MKR, the film’s producer, to inquire about about obtaining a license to use elements from the film in one of its games.

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SpicyIP

JANUARY 2, 2022

Such an interpretation allows for a patentee to claim a right to prohibit another party’s export of allegedly infringing goods, thus going beyond what the statute actually offers. This judgment concerned the classification of payments under end-user license agreements (EULA). Engineering Analysis Centre for Excellence Pvt.

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43(B)log

DECEMBER 20, 2022

The court found the claims of direct, contributory, and vicarious copyright infringement time-barred because plaintiffs didn’t submit evidence of continuing infringement by the moving defendants within 3 years of the filing of the complaint. The similarities in setting, theme, etc.

Fair Use 52

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

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