Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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The IPKat

DECEMBER 23, 2023

But don’t stop reading if your passion lies along other branches of IP law, because this volume has plenty to say about copyright, trademarks, and more. The other two chapters turn to the conceptualisation of nature in patent law. yet this relationship has received very little attention.

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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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Kluwer Copyright Blog

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. More interestingly, the provision explicitly links the use of copyrighted works for training AI models to the text and data mining (TDM) exception in Article 4 of the CDSM Directive. .”

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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

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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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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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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. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. — Of course, no state law claim is exactly the same as a copyright claim.

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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. For this reason, the Peppa Pig decision cannot serve as a judicial precedent.

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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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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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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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IIPRD

JULY 4, 2021

However, the word emoji itself is not subject to protection awarded to intellectual property in general, but unlike the Indian Law, the US Law awards protection to emoji in certain cases. This may be explained by taking into consideration copyright, trademark as well as other intellectual property regimes. Copyright Law.

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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. On the surface, the existing regime appears to be offering an easy, straightforward copyright solution.

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The IPKat

JUNE 26, 2022

There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies. While priority will be given to IP law, the conference will also consider abstracts from all disciplines of law and gaming. Further information is available here.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

Before using someone else’s creation, consider how your actions will affect its market worth. 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.

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LexBlog IP

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2] 7] A narrow set of AI system applications (e.g.,

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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. GSPR (2021) 131 Zhaoxia Deng, Illegal To Play? & Tech.

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Copyright Lately

AUGUST 2, 2022

And while it may be difficult in close cases to determine when a work of fan fiction usurps the market for the original, I’m pretty confident that performing your musical at the Kennedy Center for up to $149 a head crosses the line. Unlike trademark law, copyright is not a “use it or lose it” proposition.

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Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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IIPRD

FEBRUARY 19, 2021

In terms of preparation, it is similar to other ready-to-eat soup mixes available in the market but what makes it different from the rest is its contents and the combination of materials used. The claim of the applicant should not be the one existing in the public domain at the date of filing of an application. Conclusion.

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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 ). The training process can involve reproductions of the training data…. .… data —reside).

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Copyright Government Copyright Law Reporting 70

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. These advantages can be made profitable for the owner.

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Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. We have an artwork, displayed in a museum and which is in the public domain. Scenario 2 – Reproduction of artworks located in a cultural institution/museum and covered by copyright.

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The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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SpicyIP

MARCH 15, 2022

Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

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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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LexBlog IP

JANUARY 16, 2024

One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1] In any event, it remains to be seen what requirements will be included in the final EU AI Act.

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SpicyIP

NOVEMBER 16, 2023

student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law ]. Image from here [ This post is co-authored with Tejaswini Kaushal with inputs from Swaraj and an anonymous reader. Tejaswini is a 3rd-year B.A.

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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. When a derivative work is prepared lawfully, the creator of the derivative is entitled to their own copyright, 17 U.S.C.

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The IPKat

APRIL 8, 2023

The Authority considers that the alleged abuse of economic dependence could have a significant impact on the protection of market competition and harm consumers. The use of copyright content by OCSSPs The implementation and nature of Art. 35/2017); content in the public domain; content covered by an exception. 633, LdA ).

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Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Overview of the Egyptian Copyright Law.

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Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp.

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LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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IP Intellectual Property Social Media Cease and Desist 52

Kluwer Copyright Blog

MAY 17, 2023

The H2020 project reCreating Europe performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities. Part II deals with the comparative analysis of the law of all 27 Member States, with related comparative findings. Part I of this blog post explained the mapping of EU sources and their conclusions.

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