Kluwer Copyright Blog

JUNE 30, 2021

It should also be borne in mind that the court rejected the plaintiffs’ argument that the film should not be considered a documentary but just a “scripted creative work” which does not refer to real facts. As pointed out by Keith Aoki, James Boyle and Jennifer Jenkins in Bound by Law? by Tito Rendas. € by Martin Senftleben. €

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IP and Legal Filings

JANUARY 16, 2024

This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized. The concept of CDL revolves around the idea of two major doctrines under Copyright law i.e. Doctrine of fair use and doctrine of exhaustion.

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Copyright Fair Use Public Domain Copying 79

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. 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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Non-Fungible Tokens IP Ownership Contracts 98

Plagiarism Today

APRIL 27, 2022

The fake lawyer identifies herself as a trademark attorney, but is handling a copyright issue. It refers to the Wayback Machine as a “permanent public archive” though it is far from that. The letter also makes reference to a “DMCA legal case”, which is simply not a thing. It would be a copyright infringement case.

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Plagiarism Today

JANUARY 24, 2022

The guide is an amazingly thorough overview of copyright, written in a way to be understood by lay people and it includes nearly all of the important information one needs to know in just 10 pages and 4,000 words. Copyright Office, which is part of the federal government, the work itself is in the public domain.

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Copyright Public Domain Registration Plagiarism 229

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.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

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

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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Copyright Copyright Law Publishing Public Domain 145

TorrentFreak

SEPTEMBER 28, 2023

copyright law. To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims.

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The IPKat

FEBRUARY 12, 2024

Indeed, much of the debate takes place, consciously or unconsciously, in reference to cliché assumptions about moral rights.” The authors emphasize that AI cannot hold moral rights and that in the absence of an author, the work should be in the public domain.

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Moral Rights IP Intellectual Property Public Domain 73

IP and Legal Filings

SEPTEMBER 20, 2023

But, as an exception, the doctrine of merger provides that if the expression of an idea is merged with the idea itself, then such an expression can also be denied copyright protectio n. The absence of this doctrine would defeat the very purpose of copyright law. qualifies for copyright protection. of India, L.P.

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Copyright Copyright Law Invention Public Domain 85

The IPKat

APRIL 8, 2022

But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. And, while the copyright laws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. Enter the copyright laws.

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Derivative Work Copyright Cinema Copyright Law 133

Kluwer Copyright Blog

NOVEMBER 19, 2021

André starts by explaining that although they are traditionally referred to as “exceptions and limitations” of copyright, this paper refers to them as “user rights” to reflect the complex layers of this issue. André explains they “decided to avoid focusing on issues specific to U.S.

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Copyright Intellectual Property Law Public Domain Copyright Law 111

Kluwer Copyright Blog

APRIL 5, 2023

Setting aside the private international law aspects, the case deserves examination on two main grounds. which refer to a person’s rights to name and image. It also ordered the company to pay 1.500 euros for each day of delay in the execution of the judicial order, as well as the publication of the decision on a large scale.

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Public Domain Copyright Law Artwork 98

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. One might wonder if a rights issue exists.

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Derivative Work Public Domain Copyright Fair Use 105

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. Copyrighting Art. Picture Credit: gettyimage].

Art 52

Art Copyright Artistic Work Public Domain 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. The focus of our analysis is on those elements of the EU copyright acquis that create conditions for access and reuse of non-personal data and that could therefore play a role in the propagation of bias.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Therefore, AI may not equipped for generating an original work. Hence, ownership is not granted to the AI.

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Ownership Moral Rights Public Domain Intellectual Property 59

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.

Copyright 62

Copyright Moral Rights Government Public Domain 62

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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Music Copyright Derivative Work Ownership 67

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

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Copyright Infringement Copyright Public Domain Copying 52

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. International license.

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IP Branding Brands Branding 132

LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing.

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Fair Use Art Licensing Derivative Work 52

Trademark and Copyright Law Blog

MAY 8, 2020

referring us back to its very first copyright case and revisiting the government edicts doctrine for the first time in more than a century. And if it was not clear before, neither of these opinions is copyrightable either. On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v.

Copyright 52

Copyright Cease and Desist Government Public Domain 52

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Public Domain work. Image Attribution: John Tenniel (1865).

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Copyright Blogging Intellectual Property Registration 81

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 Ownership Publishing Copyright Infringement 74

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 111

The IP Law Blog

DECEMBER 2, 2021

The defendants moved for summary judgment on the grounds that the elements claimed to be similar between You Raise Me Up and Soknudor were not actually “sufficiently similar” to support a finding of copyright infringement.

Copyright Infringement 98

Copyright Infringement Copyright Copying Art 98

LexBlog IP

DECEMBER 14, 2023

12] We understand a template will be developed by the AI Office for such a summary, which would allow the AI system provider to provide the required summary in a narrative form. [13] 13] Additional obligations are contemplated for “high-impact” GPAI models that could pose a systemic risk.

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Reporting Publishing Marketing Marketing 52

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. Wheaton is about no federal perpetual copyright, but it is also about what is common/public property as opposed to private property. Looked at leg history and cases cited by Feist.

Copyright 59

Copyright Moral Rights Artwork Art 59

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

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Fair Use Copyright Privacy Copying 89

SpicyIP

JANUARY 12, 2022

The Bombay High Court dealt with a similar matter concerning copyright infringement and misuse of confidential information in Beyond Dreams Entertainment v. Zee Entertainment Enterprises. Particularly, “precision, originality, and completeness of disclosure” was held to be essential to a case of confidentiality.

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Confidentiality Copyright Infringement Copyright Law 138

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. can have copyright. A publishing company called Feist Publications Inc.

Copyright 85

Copyright Public Domain Copying Publishing 85

IP and Legal Filings

JANUARY 23, 2023

The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 75

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

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. 1997/98:15, p. 79, the BBS case ).

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Copyright Intellectual Property Law Public Domain Copyright Law 56

The IPKat

MARCH 7, 2022

[T]here is a compelling reason why the name or title of a book cannot be a trademark, which stems from copyright law. Unlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used. Or, one can simply refer to it as McDonalds. Come on, Kat', says Merpel.

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Copyright Trademark IP Public Domain 96