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.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

The IPKat

JUNE 26, 2022

The application should indicate whether the contribution has already been published or is a work in progress and whether the author(s) is(are) available to join the conference in person or online. Preference will be given to applicants willing to make in-person presentations. Successful applicants will be notified by the end of July.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

MARCH 14, 2022

There are also numerous benefits to AI-generated works remaining in the public domain, including including enabling low-cost access to those works by others and their use for the generation of new (scientific) knowledge’. Attaching to that output long term proprietary claims risks paralysing the public domain.

IP 60

IP Public Domain Copyright Intellectual Property 60

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. European Union and Australian Approach for Press Publishers’ Interest. Image from here.

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Publishing Marketing Marketing Advertising 105

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.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

MARCH 29, 2022

Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications. As any other right, the press publishers’ right has its own substantive limits, apart from territorial and temporal ones. They are integral parts of the right.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

APRIL 28, 2022

Additionally, automated blocking may only take place in cases where the blocking of works or other subject matter in the public domain or for which platform users may have obtained a licence is ruled out [para. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright 109

Copyright Law Intellectual Property Law Public Domain 109

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” “The basic premise of [S]ection 105.[is] is] that works produced for the U.S. ” H.R. 94-1476 at 58 (1976); see also Georgia v. Public.Resource.Org, 140 S. 1498, 1509-10 (2020).

Ownership 52

Ownership Copyright Government Intellectual Property 52