Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. Or, as Prof.

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Fair Use Public Domain Copyright Litigation 60

Trademark and Copyright Law Blog

MARCH 11, 2021

T he creator of Donkey Kong, now-legendary game designer Shigeru Miyamoto , says he picked the name “Donkey Kong” because he wanted a name that conveyed the idea of a “stupid ape.”

Public Domain 98

Public Domain Trademark Copyright Infringement Licensing 98

IP and Legal Filings

MAY 13, 2024

When something is created, the individual who created it automatically owns the copyright to it, which gives him/her the exclusive right to copy, share, publicly perform, exhibit, and develop additional pieces based on it. A linguistic model lacks the kind of human imagination required to develop logos or designs.

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Copyright Intellectual Property Ownership Technology 83

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. OK, I guess, but this is a reminder of how hard it is to win 512(f).

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Registration Fair Use Copyright Designs 111

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. How do I get a Copyright? Although copyright registration is not required, there are several benefits to doing so. Utility and Design Patents.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Kluwer Copyright Blog

JUNE 8, 2022

In the field of AI, bias may be present at various stages of the development of an application including the design of the algorithms, the designers of the algorithm, the identification and sampling of the learning information and the curation, annotation , and verification of the input data (see, e.g., here and here ).

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Public Domain Licensing Copyright Law Copyright 52

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. Additionally, AI art can sometimes produce works that closely resemble existing copyrighted art, leading to allegations of copyright infringement.

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Art Copyright Ownership Non-Fungible Tokens 105

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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Copyright Art Copyright Law Licensing 124

Patently-O

APRIL 6, 2023

SAS sued in E.D.Tex for copyright infringement. Judge Gilstrap dismissed the copyright claims — holding that the software was unprotectable. It appears rather to be about copying the input syntax format used by individuals to input their programs and the output design styles for outputting data in some particular style.

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Copyright Copying Copyright Infringement Fair Use 56

JIPEL Copyright Blog

MARCH 9, 2022

For instance, AR could be designed to allow a visitor to access additional information about a particular piece of work, while VR could enable individuals who are unable to physically visit a museum to peruse its collections from the comfort of their own homes, at their own pace.

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Moral Rights Fair Use Art Social Media 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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Intellectual Property IP Invention Designs 52

IP and Legal Filings

SEPTEMBER 12, 2022

right to copyright will exist. The issue of copyrightable material for modern art that is object-based or based on a design still exists, though. The picture was released in Public Domain without permission, which is the issue with this. Copyright can be applied to art if it can be sold. Corel Corp.

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Art Copyright Artistic Work Public Domain 52

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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Copyright Blogging Intellectual Property Registration 81

SpicyIP

NOVEMBER 15, 2022

The Court, however, disagreed with the Defendant’s argument holding that there was no information available in the public domain for the Plaintiff to reach at the above conclusion regarding relations between the Defendants. 20 Lakh to Louis Vuitton in a Trademark infringement suit against Club Factory. Image from here.

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LexBlog IP

MAY 19, 2023

This decision underscores the significance of the commercialization of derivative works in copyright infringement disputes. This case emphasizes the importance of understanding the terms of licensing agreements and their legal implications in the context of copyright law, particularly when derivative works are involved.

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Fair Use Art Licensing Derivative Work 52

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Or are they adversarial in nature?

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Designs Design Cease and Desist Art 105

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” Here, merely automated and mechanical work that lacks originality is also protected by the said copyright doctrine.

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Copyright Public Domain Copying Publishing 85

SpicyIP

NOVEMBER 16, 2023

The court reiterated that originality is the linchpin for copyright protection, meaning work must originate from the author to be eligible for safeguarding (discussed here , here , and here ) and asserted that eventually the expression of the ideas is protected and not the ideas themselves. Modak case.,

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Copyright Marketing Marketing Copying 59

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

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. The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team.

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Copyright Cinema Copying Copyright Infringement 144

Copyright Lately

APRIL 3, 2023

This all changed in June 2020, when four of the largest book publishers (Hachette, HarperCollins, John Wiley & Sons, and Penguin Random House) filed a copyright infringement lawsuit in the Southern District of New York against Internet Archive (IA). million additional books protected by valid copyrights. It also includes 3.6

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Fair Use Copying Publishing Copyright 69

43(B)log

DECEMBER 20, 2022

In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. Defendants also used 12oclockboys.com to promote and sell the 2013 Documentary, leading to the trademark infringement claims. The similarities in setting, theme, etc. Trademark etc.

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SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? Other D evelopments Image from here Supreme Court disposes petition on copyright issues arising out of live streaming court proceedings.

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LexBlog IP

AUGUST 23, 2023

But the entire Morford analysis revolved around the 11 th Circuit’s “abstraction-filtration-comparison” test, described as “initially developed to review claims of copyright infringement relating to novels and plays but also applied in contexts such as software programming.” ” Id. Morford , at 11.

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Copyright Art Copying Derivative Work 52

SpicyIP

JANUARY 2, 2022

The Court noted that redacting one’s name from a judgment acquitting them is counterproductive when there are other tarnishing publications in the public domain and that access to court judgments are integral to “open justice”, subject only to some exceptions. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

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IP Intellectual Property Copyright Trademark 143

43(B)log

JUNE 24, 2022

It’s text and not design so we don’t call it ornamentality. Ramsey: BB is interesting because they used a public domain image on the shirt. 1A and © public domain seem to answer the market definition Q. Janis: reminds him of design patent story, which also needs labels for validity and scope.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. If so, his interview responses are in the public domain and can be freely published without any royalties to Trump.

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Copyright Blogging Publishing Fair Use 118