Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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Artwork Contracts Ownership IP 98

Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

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Copyright Fair Use Copyright Law Settlement 79

IP and Legal Filings

JANUARY 23, 2023

[Image Sources : Gettyimages] One of the important issues in online is copyrights. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. iii] NFTs are limited to having a single owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

TorrentFreak

DECEMBER 22, 2023

“Because these publishers have such concentrated market power […], authors that want to reach wide audiences rarely have the negotiating power to retain sufficient control from publishers to independently authorize public access like that at issue here,” the Alliance adds. Thus, CDL should be upheld under fair use.

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Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

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The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review.

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Technology & Marketing Law Blog

MAY 15, 2024

at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. Plaintiffs Nealy and MSI claim to own registered copyrights in eight musical works, either as works made for hire or by assignment; while the defendants rely on licenses from Butler, the composer and performer. 17 U.S.C. § at *13-*16. at *16-*19.

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Music Blogging Copyright Ownership 95

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Technology & Marketing Law Blog

JANUARY 12, 2024

” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Accordingly, the Kremen case has long vexed the trespass to chattels jurisprudence by collapsing the distinction between intangibles and tangibles for property law purposes.

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LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Ownership and Enforcement. Copyright Ownership.

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IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. A core goal of the DSM Directive was to adapt EU copyright law to the digital era, ensuring it could address new practices.

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Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. The issue got so bad that Cent, one of the largest marketplaces for NFTs, shut down nearly all NFT sales over “rampant” issues with copyright infringement and plagiarism. It’s a simple idea, but one that hasn’t taken off yet.

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Copyright Non-Fungible Tokens Technology Plagiarism 234

LexBlog IP

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights.

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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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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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Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. Whether to honour the digital exhaustion doctrine or not, has always seemed a matter of national or EU law.

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Copyright Copying Copyright Law Marketing 91

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. Learn more about NFT Copyright Issues here. See article below). What Are NFTs? NFT are ERC-721 tokens.

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Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. Deterrent to Infringement – A copyright registration could act as a deterrent against potential infringement.

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TorrentFreak

NOVEMBER 13, 2023

Yet despite reported progress, including an overhaul of Vietnam’s copyright laws and promises to crack down on piracy, including the formation of a specialist anti-piracy unit , nothing has had any visible effect. However, turn off a few legal TV channels inside Vietnam and suddenly piracy is a real concern.

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Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam.

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Fair Use Cease and Desist Contracts Ownership 103

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

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Intellectual Property Cease and Desist Copyright Law Music 52

Velocity of Content

JUNE 20, 2022

But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. Cryptocurrency and Cryptic Copyright. When actor Seth Green paid $200,000 to purchase Bored Ape NFT #8398 – a.k.a.,

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Copyright Contracts Television Licensing 52

CopyrightsWorld

MARCH 30, 2021

If you ask any professional working on digital marketing what is the most valuable online asset for a business, you’ll get pretty the same answer. The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. Which ones? What is original work?

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Copyright Ownership Intellectual Property Blogging 74

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Copyright Copyright Law Ownership Copyright Infringement 105

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. Copyright is applied to fresh and unique work as soon as it is created. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market.

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The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

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Contracts Artistic Work Copyright Copyright Law 76

Technology & Marketing Law Blog

FEBRUARY 17, 2022

Emojis are an excellent device for trolling campaigns because they inevitably look alike and copyright law provides many powerful tools to copyright owners. Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. Apple appeared first on Technology & Marketing Law Blog.

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Copyright Copying Blogging Intellectual Property 137

Kluwer Copyright Blog

FEBRUARY 8, 2024

The latest jurisdiction to introduce a SPR is Bulgaria, in the context of the amendment law of 1 st December 2023 to transpose the CDSM Directive , introducing a non-overridable zero-embargo SPR. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. On the other hand, art.

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IP and Legal Filings

NOVEMBER 18, 2021

NFTs revolutionised the concept of ownership and digital art. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails. However, the buyer of the NFT now had ownership over one unique copy of the same GIF.

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SpicyIP

MARCH 28, 2022

Usage of snippets, the manner in which snippets are accessed and used, ramifications with respect to such use and consequent requirements to pay for such usage are complicated legal issues falling within the domain of copyright law. As seen in the past, the process of law making in India is long-drawn and many times fruitless.

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IP and Legal Filings

JANUARY 29, 2023

Delving into the parallel creation model, proposed for machinima, it is proposed that it should be based on collaborative creation and no exclusionary ownership. This also rules out the threat of the creation of a new game and is more convenient since developers do not have to take the pain of extracting copyright fees from a lot of users.

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Copyright Ownership Publishing Copyright Infringement 77

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

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Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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