LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. But not so fast.

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The IP Law Blog

SEPTEMBER 28, 2023

The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.”

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Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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Velocity of Content

DECEMBER 19, 2023

Copyright protection exists from the time the work is created in a fixed, tangible form of expression. The copyright in the work of authorship immediately becomes the property of the author who created the work. paintings, drawings, carvings, photographs, clothing designs, textiles) Architectural works (e.g.,

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Copyright Music Public Domain Television 98

Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. copyright law.

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Public Domain Copyright Copyright Notice Publishing 82

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. Otherwise, such a claim does not arise.

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The IPKat

FEBRUARY 12, 2024

This is a book review of the Research Handbook on Intellectual Property and Moral Rights , curated by Ysolde Gendreau (Université de Montréal, Canada), provided by Francesca Mazzi , Lecturer in AI, Innovation and Law at Brunel University London.

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Moral Rights IP Intellectual Property Public Domain 73

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. Text Copyright John L. 2022) [not precedential]. Read comments and post your comment here.

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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

Patently-O

AUGUST 18, 2023

In this case, Thaler listed the Creativity Machine as the author and designated the work as created autonomously by the AI, with ownership transferring to himself as the owner and creator of the machine. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship.

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Copyright Public Domain Copyright Law Ownership 76

Dear Rich IP Blog

APRIL 16, 2020

Does the absence of the insignia mean that the film is public domain? Nowadays, the publication of a film without copyright notice won't effect ownership, but in 1964, the penalty was draconian. If the copyright owner failed to include a copyright notice on "The Naked Kiss," then it would likely be in the public domain.

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Copyright Notice Public Domain Copyright Ownership 52

Kluwer Copyright Blog

NOVEMBER 6, 2023

Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union (see Blaszczyk ). This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.”

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Copyright Law Copyright Public Domain Artistic Work 64

Plagiarism Today

SEPTEMBER 21, 2021

Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. They have a lengthy and aggressive history when it comes to protecting their rights , even as many of their stories are based on public domain tales. Bottom Line.

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Plagiarism Graphic Design Copying Artwork 202

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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Trademark Public Domain Copyright Cease and Desist 57

Kluwer Copyright Blog

APRIL 18, 2024

No amendment offered in public session. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. Measures A prohibition on circumvention of TPMs could extend protection to materials in the public domain or prevent the exercise of exceptions. 5- National Treatment Paragraph 5.2

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Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), 15 B.C.).

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Public Domain Copyright Law Artwork 98

Intepat

NOVEMBER 20, 2023

Copyright, defined as the exclusive right granted to the creator for their intellectual labor, holds significance in the legal domain. According to Black’s Law Dictionary, copyright is acknowledged as a right in literary property, sanctioned by positive law. What is Registered Copyright?

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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. Moreover, the Italian Supreme Court, in decision no. Secondly, para.

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Copyright Art Copyright Law Licensing 124

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

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Copyright Public Domain Marketing Marketing 52

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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Public Domain Licensing Copyright Law Copyright 52

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.” Story first appeared on Trademark and Copyright Law. I’ll see if I can wrangle up some interesting Mario IP issues for a future post!

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Public Domain Trademark Copyright Infringement Licensing 98

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

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Intellectual Property IP Registration Copyright 117

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Copyright Moral Rights Government Public Domain 62

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

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Copyright Artwork Public Domain Copyright Law 98

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. right to copyright will exist.

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Art Copyright Artistic Work Public Domain 52

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about.

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Derivative Work Public Domain Copyright Fair Use 105

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Always exercise caution and, if in doubt, seek legal advice on copyright regulations. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use. Avoid access to prior design work. Stay with your original plans. Document your own work.

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Copyright Infringement Copyright Public Domain Copying 52

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

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Copyright Artwork Public Domain Art 98

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

Public Domain work. And someone, maybe your brother-in-law with a law degree, says, “Hey, what about your copyrights? And someone, maybe your brother-in-law with a law degree, says, “Hey, what about your copyrights? Image Attribution: John Tenniel (1865). And he goes on. . .

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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. Role of Licensing Agreements: This case underscores the importance of licensing agreements in copyright law.

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Fair Use Art Licensing Derivative Work 52

Kluwer Copyright Blog

MARCH 14, 2022

On behalf of the University of Nottingham Commercial Law Centre (UNCLC) , we submitted a response to the consultation that addressed the three areas of potential legislative change. A decrease in such copyright protections does not contradict the consultation’s policy objectives of incentivising investment and enabling competitive markets.

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IP Public Domain Copyright Intellectual Property 60

43(B)log

AUGUST 11, 2022

What does this have to do with law? A business code communicating within a community designed to be closed. If public function, no, but if private, yes. A: author of Esperanto consigned it to the public domain. Once it becomes a language, you’ve lost ability to control it. It didn’t develop organically.

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Ownership Moral Rights Copyright Branding 80

IIPRD

FEBRUARY 19, 2021

Recently, the office of Controller General of Patents, Designs & Trade Marks granted a patent to a ragi walnut soup mix prepared by the 52-year old woman, Shubhangi Patil. The claim of the applicant should not be the one existing in the public domain at the date of filing of an application. Introduction. Conclusion.

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Patent Invention Public Domain Patent Application 40

LexBlog IP

DECEMBER 14, 2023

2] In particular, it has been reported that France, Germany and Italy – who have previously been critical of strict rules on foundation models – may seek alterations to related rules in the final text (which could further delay, or possibly prevent, passage of the law). [3] 7] A narrow set of AI system applications (e.g.,

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43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. 102(b) doesn’t change the law but merely clarifies it, restating the basic idea/expression dichotomy, but that’s not about facts. Looked at leg history and cases cited by Feist.

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Copyright Moral Rights Artwork Art 59