Velocity of Content

OCTOBER 19, 2021

The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978. The new Copyright Act was the fourth general revision of copyright law since the original Act of 1790.

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Copyright Law Fair Use Public Domain 105

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.

Blogging 99

Blogging Contracts Cease and Desist Social Media 99

Patently-O

AUGUST 18, 2023

The Copyright Office denied the registration application on the grounds that copyright law requires human authorship. Thaler challenged the rejection in court, but Judge Howell upheld the Copyright Office’s decision.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

The IP Law Blog

APRIL 6, 2023

On March 16th, the US Copyright Office issued a policy statement regarding the registration of works that contain material generated by artificial intelligence (AI) technology. The copyright office was not persuaded and held that Midjourney users are not the “authors,” for copyright purposes, of the images the technology generates.

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Copyright Registration Social Media Public Domain 98

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. Otherwise, such a claim does not arise.

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Fair Use Public Domain Copyright Litigation 59

IP Tech Blog

MAY 18, 2023

Because the jury is charged with determining whether the defendant copied original elements of the copyrighted work, Judge Gilstrap held an evidentiary “copyrightability” hearing to “filter” out the non-original, non-copyrightable elements of the plaintiff SAS’s software.

Copyright 57

Copyright Public Domain Copying Litigation 57

Kluwer Copyright Blog

APRIL 18, 2024

No amendment offered in public session. Delete Article 11(3) (three-step test) or apply only to additional exceptions: (3) Contracting Parties shall confine any additional limitations of or exceptions to …” Add: “, taking account of the legitimate interests of third parties ” No amendment offered in public session.

Public Domain 62

Public Domain Contracts Copyright Licensing 62

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). ML Genius v. A third approach?

Blogging 95

Blogging Contracts Copyright Law Copyright 95

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

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. At the current state of technology, filtering appears to be done mainly through matching and fingerprinting. often requires authorization under EU copyright law. Scenario (1): Public Domain.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

TorrentFreak

SEPTEMBER 28, 2023

The new technology also brings up novel copyright issues. Fair use is a defense that is typically not used to dismiss copyright infringement claims before they’re properly argued. copyright law. al / Silverman et al ) From: TF , for the latest news on copyright battles, piracy and more.

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Fair Use Copyright Copyright Infringement Derivative Work 99

Kluwer Copyright Blog

NOVEMBER 6, 2023

Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union (see Blaszczyk ). The recent United States’ case law shows that other jurisdictions may not follow suit. This is, in fact, one of the great beliefs of modern jurisprudence.

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Copyright Law Copyright Public Domain Artistic Work 62

Kluwer Copyright Blog

NOVEMBER 19, 2021

Max kicked things off presenting WG 1’s paper Key Findings of the Creative Commons Working Group on Copyright and AI. 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.

Copyright 109

Copyright Intellectual Property Law Public Domain Copyright Law 109

Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

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 65

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 84

Blogging Copyright Contracts Cease and Desist 84

LexBlog IP

MAY 18, 2023

Because the jury is charged with determining whether the defendant copied original elements of the copyrighted work, Judge Gilstrap held an evidentiary “copyrightability” hearing to “filter” out the non-original, non-copyrightable elements of the plaintiff SAS’s software.

Copyright 52

Copyright Public Domain Copying Litigation 52

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Internet technology is developing faster than the laws that govern it.

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Copyright Intellectual Property Copying Music 52

Patently-O

AUGUST 22, 2022

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964). Hotchkiss v. Greenwood , 11 How. 248 (1851).

Patent Law 91

Patent Law Law Patent Invention 91

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. Indeed, the endemic cross-border applications of this technology make a fragmented approach highly undesirable.

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Copyright Art Copyright Law Licensing 122

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3.

Database Right 52

Database Right Licensing Public Domain Artwork 52

IP and Legal Filings

APRIL 20, 2023

Central Board of Secondary Education claimed in a case, that they are the author of the said question paper and should be entitled to get the copyright protection for it, to this court said that unless they are capable of proving that they hire a natural person for doing compilation, court will not allow the copyright protection for CBSE [1].

Ownership 60

Ownership Moral Rights Public Domain Intellectual Property 60

Biswajit Sarkar Copyright Blog

MAY 30, 2022

This technological breakthrough has taken the art and tech world by storm. It is one of the fastest growing uses of blockchain technology. Although in principle, a NFT of a trademark or any work in public domain can be created. Introduction. What is NFT? Thus, it seems difficult for NFT to fulfil these requirements.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

This technological breakthrough has taken the art and tech world by storm. It is one of the fastest growing uses of blockchain technology. Although in principle, a NFT of a trademark or any work in public domain can be created. Introduction. What is NFT? Thus, it seems difficult for NFT to fulfil these requirements.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

IIPRD

JULY 4, 2021

With the rapid shift from a non-technological world to a world of techno-freaks, the importance of emoji has grown immensely and now, they form a part of the way of expression of human interaction. This may be explained by taking into consideration copyright, trademark as well as other intellectual property regimes. Copyright Law.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

IPilogue

MARCH 21, 2022

Some of the most notable arguments are included in a joint submission on the public consultation by 14 Canadian IP scholars. They recommended against recognizing AI as an author and argued that AI-generated works should remain in the public domain. These questions only become more complex as technology evolves.

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Registration Copyright Intellectual Property Public Domain 120

CopyrightsWorld

APRIL 29, 2022

” On May 27, 2020, Thaler filed a second appeal, arguing that AI artworks should be copyrightable because it would “advance the fundamental aims of copyright law, including the constitutional foundation for copyright protection.” ” In the United States, only human creators have copyright.

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

SpicyIP

JULY 14, 2023

By voting to limit the period of copyright, the House of Lords created the Public Domain. The decisive events in London from 1710 to 1774 determined the course of modern Anglo-American copyright. The influenced the American Copyright Statute of 1790.

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Moral Rights Publishing Copyright Music 93

Kluwer Copyright Blog

DECEMBER 12, 2021

Those versed in the intersection between IP rights and technology know that computer programs protection has always caused inevitable frictions IP law. Additionally, all proprietary and open source software licensing rely on copyright protection. Assessing ML models as independent works does not bring much better results.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

The IPKat

JUNE 26, 2022

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. The website of the event contains information about the programme and registration.

Intellectual Property 116

Intellectual Property IP Registration Copyright 116

CopyrightsWorld

APRIL 29, 2022

” On May 27, 2020, Thaler filed a second appeal, arguing that AI artworks should be copyrightable because it would “advance the fundamental aims of copyright law, including the constitutional foundation for copyright protection.” ” In the United States, only human creators have copyright.

Copyright 98

Copyright Artwork Public Domain Art 98

Biswajit Sarkar Copyright Blog

JULY 19, 2022

They can obtain copyright protection without adding a copyright symbol © to their work, and doing so won’t diminish the value of their original creation. How to prevent copyright infringement. With today’s technology, it is very simple to copy and share the original works of other people.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

SpicyIP

FEBRUARY 9, 2023

The Copyright Dilemma Perhaps to counter the obvious and non-obvious ills of live-streaming judicial hearings, Rule 9.2 prescribes that unauthorized use of the live streaming will be punishable “ as an offence under the Indian Copyright Act, 1957, Information Technology Act, 2000, and other provisions of law, including the law of Contemp t.”

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Copyright Government Law Editing 136

Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ).

IP 59

IP Public Domain Copyright Intellectual Property 59

The IPKat

FEBRUARY 12, 2024

While Section 18(2) emphasizes the promotion of science and technology, Section 21 focuses on preserving Nigerian cultures and encouraging scientific studies. Against this background, the National Assembly is granted exclusive legislative powers over copyright (see Item 13). copyright), can one call such a constitutional right?

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Copyright Moral Rights Government Public Domain 61

IIPRD

FEBRUARY 19, 2021

The claim of the applicant should not be the one existing in the public domain at the date of filing of an application. Author: Pratiksha Rawat, a law student of Amity Law School Delhi, an intern at Khurana & Khurana, Advocates and IP Attorneys. Conclusion.

Patent 40

Patent Invention Public Domain Patent Application 40

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. Oracle America, Inc. ,

Copyright 58

Copyright Copying Copyright Infringement Fair Use 58