IP and Legal Filings

APRIL 26, 2023

Introduction The Indian Copyright Act of 1957 protects and recognizes cinematograph films as a form of creative work. According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned.

Copyright 52

Copyright Music Moral Rights Ownership 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. ” The composer of a musical composition is the exclusive owner of the work’s copyright. INTRODUCTION. Image Source: Shutterstock].

Music 74

Music Copyright Copyright Infringement Moral Rights 74

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

Law 64

Law Music Copyright Art 64

Michael Geist

JUNE 17, 2021

Senator Simons appears on my podcast this week and she rightly notes that no matter ones view of this bill, it has sparked discussion and public debate on the future of media and journalism in Canada, which is something we all should welcome. Fourth, the Copyright Board is known for many things, but speed of process is not one of them.

Copyright 66

Copyright Journalism Social Media Government 66

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

Music 87

Music Copyright Copying Copyright Law 87

The IPKat

OCTOBER 10, 2021

Copyright The Journal of Intellectual Property Law and Practice published an Author's Take piece considering what the way forward for the press publishers' right might be under EU copyright law. The Kluwer Copyright Blog thought it over. Trade marks What is the impact of Brexit on exhaustion of rights?

Blogging 67

Blogging IP Intellectual Property Law Journalism 67

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The court held that geoblocking of Steam activation keys infringed EU competition law.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Technology & Marketing Law Blog

AUGUST 1, 2023

One is tempted to characterize these plaintiffs as copyright “trolls.” On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. This case concerns only the public display right. “To

Blogging 95

Blogging Copying Social Media Copyright 95

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Is GitHub’s New Feature a Copyright Infringer?

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The IPKat

JUNE 26, 2022

and Copyright in Graffiti and Street Art). Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents. closing dinner), IP Lunches (incl. Diversity and Inclusion Today, Would you like some IP with your Wine?,

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Technology & Marketing Law Blog

JUNE 22, 2023

California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886). The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?

Journalism 89

Journalism Social Media Publishing Government 89

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.

Copyright Law 111

Copyright Law Copyright Law Art 111

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.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

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

FEBRUARY 8, 2024

In order to advance in their careers, academic authors must publish the results of their research in reputable scientific journals with high ‘impact factor’. As a general rule, the publishers of these journals require the author to relinquish their copyright over the work by granting them an assignment of rights or an exclusive license.

Publishing 130

Publishing Contracts Art Copyright 130

Kluwer Copyright Blog

DECEMBER 12, 2022

ALLEA, therefore, welcomes recent studies showing that OA publication in scientific journals is on the rise. [2] While the downstream costs of journal subscriptions are gradually falling, the upstream costs of publication, made up of the APCs, have risen sharply. The new copyright rules relevant to “Big Deals”.

Copyright 126

Copyright Publishing Journalism Art 126

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. million abstracts.

Copyright 122

Copyright Social Media Publishing Licensing 122

Velocity of Content

MAY 11, 2023

CCC recently assembled a panel of expert leaders in publishing and medical communications for a broad discussion on copyright as it pertains to the work of medical communications professionals. If a journal article is published as Open Access, can I reuse it? What can a company do to be more copyright compliant?

Copyright 98

Copyright Licensing Journalism Social Media 98

Kluwer Copyright Blog

FEBRUARY 28, 2022

17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. At the core of the Act is a licensing obligation (Sec. Initially in Art. According to Sec.

Art 56

Art Copyright Law Copyright Law 56

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. In this fragmented landscape, self-regulation (e.g., While art.

Publishing 98

Publishing Art Licensing Copying 98

Kluwer Copyright Blog

SEPTEMBER 12, 2022

While internet intermediaries act as gatekeepers of content that is transmitted online, their services seem to attract a high number of copyright infringements. Article 17 of the Digital Copyright Directive. A telling example can be found in OCSSPs whose business model attracts both copyright and trade mark violations.

Copyright Infringement 95

Copyright Infringement Copyright Intellectual Property Copyright Law 95

LexBlog IP

OCTOBER 20, 2021

This scene was suggested (and indeed demanded) by someone who got no writing credit on the film and was accorded no copyright rights as an author. In the United States, an author, artist, or other creator can terminate a previous assignment of copyright by statutory right. at 7-8, 28-29. These rights are outlined in 17 U.S.C.

Copyright 52

Copyright Contracts Law Music 52

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. No longer bound to or by the EU – but guided by the new Directive—the UK decided to review possible changes to its laws.

Law 116

Law Licensing Publishing Intellectual Property 116

Velocity of Content

JUNE 8, 2023

Be sure that your document delivery provider gives you full details about the rights you have access to so that you can ensure compliance with copyright laws and regulations. Taking the guesswork out of copyright will allow you to focus on your most important task: the research at hand. Looking for document delivery?

Journalism 98

Journalism Licensing Publishing Copyright 98

SpicyIP

DECEMBER 17, 2023

US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? Can AI Generated works be regarded as “works” capable of protection under copyright law?

IP 59

IP Trademark Advertising Advertising 59

Kluwer Copyright Blog

OCTOBER 9, 2022

The authors have published a longer version of this article in the German Journal of Copyright and Media Law (ZUM), 2022, Edition 8/9, pages 645 et seq.; b) This conclusion is supported by the uniform EU-wide interpretation of copyright law concepts in other copyright law provisions.

Publishing 97

Publishing Music Copyright Law Marketing 97

SpicyIP

MARCH 15, 2022

In the absence of any requirement for licensing agreement, the platforms capitalize on these ‘ snippets ’ without paying press publishers any share of remuneration, making it difficult for the publishers to recoup their investments. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

The IPKat

NOVEMBER 20, 2022

African Caracal " by jurvetson is licensed under CC BY 2.0. 12 December 2022 | SAA – “ Extended Collective Licensing: How Can it help audiovisual authors ?” Eleonora Rosati, on the EU Directive on Copyright in the Digital Single Market, which, through a framework provision (Art. Registration is available here.

Intellectual Property 76

Intellectual Property Intellectual Property Law Registration Licensing 76

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. Need for data: A survey From a legal perspective, a taxonomy of data used in AI research and development shows that there is copyright data (i.e.,

Social Media 52

Social Media Law Journalism Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

Copyright 118

Copyright Blogging Publishing Fair Use 118

LexBlog IP

APRIL 20, 2022

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. It is also inconsistent, at least directionally, with the copyright trends on political questions.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52