43(B)log

AUGUST 11, 2021

McFarlin, A Copyright Ignored? Mark Twain, Mary Ann Cord, and the Meaning of Authorship Twain used the story of formerly enslaved cook Mary Ann Cord, changing her name to Aunt Rachel. Taking him at his word: Did Twain infringe her common-law copyright? Did Twain make fair use? Would that still exist today?

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. 14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. Some have argued in favour of fair use, at least in the US context.

IP 129

IP Licensing Fair Use Moral Rights 129

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts. Bombay High Court in Aman Chhabra and Ors v.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. While delineating the rights of the parties, the Court held that R.D Thus clarifying that copyright in the screenplay exists independently of the copyright in the film.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

AUGUST 31, 2022

Jacobs on the copyright side. Humor is also central to trademark infringement claims through notions of parody, and as part of copyright claims through satire. ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. constitutional system.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. Copyright holders/fair users? Infringement/infringers?

Art 45

Art Copyright Settlement Moral Rights 45