Kluwer Copyright Blog

JUNE 13, 2024

the GPT models of Open AI) will have to “put in place a policy to comply with Union copyright law” and “draw up and make publicly available a sufficiently detailed summary about the content used for training” of the AI model. At first glance, the differences between copyright and meta-regulation appear unproblematic.

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Copyright Copyright Law Art Copyright Infringement 75

Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin.

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Copyright Art Designs Design 65

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

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The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Consider the following book cover of the Penguin Classics edition of Jane Austen's novel, " Mansfield Pak ". The copyright lawyer might well respond with a glazed look. But of course.

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Art Artwork Copying Moral Rights 133

The IPKat

OCTOBER 1, 2022

copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law. Copyright Office’s refusal to register the Tommy Hilfiger flag ). In this negative space of copyright law in the U.S.,

Copying 97

Copying IP Copyright Law Designs 97

IP Tech Blog

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Applicable IP rights.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Blogging Contracts Cease and Desist Social Media 97

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. This Kat was particularly interested in the chapter by Daniel Kevles entitled 'Novelties, Frauds, and Protections'.

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Intellectual Property Designs Design Intellectual Property Law 72

TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. This leads to the question of whether the alleged conduct of the defendants affected the market for those games and if so, in what way.

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Fair Use Copying Copyright Copyright Law 145

Kluwer Copyright Blog

APRIL 12, 2023

“Adjusting” the principle of cumulation According to Recital 33 of the proposed Regulation, “it is appropriate to adjust the principle of cumulation of protection” under design law and under copyright law, due to the “advanced harmonisation of copyright law”. 17 ) to liberalise the spare parts market.

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Designs Design Copyright Copyright Law 52

The IPKat

APRIL 30, 2024

Should the EU unify copyright laws? The session started with the highly disputed topic of copyright unification with Prof. see Katpost here ) When finally addressing the question, "Should the EU unify copyright laws?" the PermaKat stated loud and clear, and I quote: “The short answer is: yes!

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Reporting Copyright Public Domain Law 61

TorrentFreak

MARCH 25, 2024

. “That would catastrophically harm the digital markets on which the music industry, the movie and television industry, the news industry, and similar industries depend to profitably create and distribute their works—and would thereby undermine the incentive for the creation of new works that copyright law exists to protect.”

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Publishing Copyright Fair Use Intellectual Property Law 142

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. The tech-friendly court strongly emphasized that this decision aligns with the legislative purpose of China’s copyright law.

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

SpicyIP

JANUARY 12, 2022

The officials dealing with copyright were generalist administrators, and expertise on international copyright laws in academia was sparse […]. Taubman’s edited collection of essays looking into the WTO TRIPS negotiation history, published in 2015 and is available here. Watal and A.

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Intellectual Property Publishing Copyright Technology 145

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

FEBRUARY 12, 2023

In fact, until 2017, when the Decree-Law No. 148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. 633 of 1941). 35/2017, whose Art.

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Copyright Law Marketing Marketing 65

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

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Marketing Marketing Copyright Copyright Law 109

Kluwer Copyright Blog

MARCH 2, 2022

In a recent paper (currently under review), we question whether humans can be replaced by AI to generate mechanical/less creative news reports and study whether “robojournalistic” outputs can be granted copyright protection from an EU law perspective. More from our authors: Law of Raw Data. Technological perspective.

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Copyright Journalism Intellectual Property Copyright Law 106

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. This limited edition Dune book may be one of 10 copies of this hardback auctioned. The digital asset.

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Non-Fungible Tokens Licensing Ownership Copying 97

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active.

Copyright Law 73

Copyright Law Law Copyright Copying 73

SpicyIP

NOVEMBER 26, 2022

(Though there are several other non-copyright related legal issues involved in this overall question, this blogpost will not be looking into them) The piece shall explore (i) the relevant standards of originality in copyright law (ii) the applicability of merger doctrine, and functionality doctrine. MERGER DOCTRINE .

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Copyright Cease and Desist Copyright Law Copying 105

LexBlog IP

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Applicable IP rights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The IPKat

OCTOBER 31, 2021

Materials need to be reproduced into accessible formats, such as braille, large print and audio editions which require exceptions to be added into current copyright rules. This has been done by creating ‘a set of limitations and exceptions to traditional copyright law’. China has only one National Braille Press.

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Publishing Government Copyright Law Copyright 74

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. What has been the market-effect on the underlying work? Are Memes Dangerous?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Technology & Marketing Law Blog

JULY 26, 2021

[The 2021 edition of my Internet Law casebook is coming soon. Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims Board (CCB). The CCB will be dominated by claims over alleged online infringement, so it’s a major development for online copyright law.

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Copyright Law Registration Copyright Infringement 141

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

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Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. The copyright in these two titles expired at the beginning of 2021.

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Copyright Law Copyright Law Reporting 113

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Only when the economic rights arising out of copyright protected musical works are exploited by someone other than the owner of the work or someone not sanctioned by him, it leads to copyright infringement. Vs. Prime Cable Network , the plaintiff has business of producing and marketing music cassettes, CDs etc.

Music 52

Music Moral Rights Copyright Infringement Television 52

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. A previous trend in the music industry is confrimed – streaming is the leading revenue source in nearly all markets. Photo by Markus Spiske on Unsplash.

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Copyright Law Copyright Law Music 59

The IPKat

OCTOBER 3, 2022

In part two of Bird & Bird's DSM Directive webinar series, there will be voices from different markets, including the UK, Italy, Denmark and the Netherlands. The conference aims to provide some critical thinking concerning the present and future of copyright flexibilities in European copyright law and their evolutionary paths.

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Registration Intellectual Property IP Copyright 61

The IPKat

JANUARY 2, 2022

A recent example of how the metaverse will include digital fashion is the conflict between Hermès and MetaBirkins over allegedly trademark-infringing non-fungible tokens ("NFTs") that were marketed as MetaBirkins without Hermès' permission.

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Blogging IP Non-Fungible Tokens Cease and Desist 125

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright Law 59

Copyright Law Law Copyright Publishing 59

Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law). 17 of the CDSM Directive (implemented in Italy through Art.

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Music Art Licensing Copyright 98

The IPKat

MARCH 22, 2024

The role of US copyright law and economic rights As a signatory to the WPPT , the US grants performers economic rights to performances which are fixed in a sound recording. Her publisher Universal Music released a compilation album including songs she did not approve, while she also objected to the way the songs were edited.

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Moral Rights Copyright Music Art 69

Copyright Lately

DECEMBER 4, 2023

Derivative and Foreign Works Remastered, rescored, translated, or otherwise revised editions often present a challenge for those looking to use public domain works without inadvertently stepping on subsisting copyrights. Remastered and special editions of films entering the public domain on January 1, 2024.

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Public Domain Music Copyright Publishing 118

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

MAY 22, 2023

In contrast to those relatively TDM-friendly copyright rules or approaches, the limited statutory categories of limitations and exemptions in Article 24 of Chinese Copyright Law do not cover TDM exceptions. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

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Licensing IP Copyright Reporting 98