Kluwer Copyright Blog

NOVEMBER 8, 2021

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz.

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Blogging Non-Fungible Tokens Law IP 52

The IP Law Blog

MARCH 14, 2024

The Court began by recognizing the general rules that govern motions to dismiss in federal court actions. The Court noted that the Copyright Act “grants the copyright holder exclusive rights to (1) `reproduce the copyrighted work and copies;’ (2) `prepare derivative works;’ and (3) `distribute copies of the copyrighted work to the public’.”

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Derivative Work Copying Copyright Infringement Copyright 112

43(B)log

AUGUST 4, 2023

Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? IP is considered very risky for loans—not good collateral. Lessons from China: patent office can work with bank and experts to value specific IP, issue a certificate, and the bank can then rely on that. Can also have government provided guarantee.

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IP Copying Due Diligence Registration 52

Intepat

JANUARY 8, 2024

Training AI models using these works could infringe on these rights, especially without authorisation. 1) Section 106 Exclusive Rights : Section 106 of the Copyright Act of 1976 grants copyright owners exclusive rights to reproduce, prepare derivative works, and distribute their copyrighted material.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

IP Watchdog

OCTOBER 26, 2022

Copyright Office issued a notice of proposed rulemaking (NPRM) in the Federal Register to clarify the application of the derivative works exception to copyright termination rights within the context of blanket licenses administered under the Music Modernization Act (MMA). On October 25, the U.S.

Licensing 59

Licensing Derivative Work Copyright Music 59

LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. Can other IP rights like trademarks play a role in protecting NFTs? Applicable IP Rights. Applicable IP rights. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., account to be the most frequently stolen forms of IP, which may result in a huge loss for the company that created it, including the loss of competitive edge and decline of business growth.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

Intepat

MAY 24, 2023

In today’s business landscape, the significance of intellectual property (IP) assets is on the rise and is becoming increasingly crucial in various sectors. The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture.

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Intellectual Property Contracts Ownership Invention 98

Corsearch

MARCH 13, 2023

Copyright © Walt Disney Animation Studios A background on copyright protections in the US All works that were published in the US prior to 1923 are now in the public domain, as is any work created by individuals in an official capacity for the federal government.

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Public Domain Trademark Copyright Registering Trademarks 52

IP and Legal Filings

JANUARY 23, 2023

IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii] NFTs are governed by smart contracts, which divide ownership and limit transferability. i] It is possible to view NFTs technology as an original method of capitalising on intellectual property.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

LexBlog IP

MARCH 14, 2024

” The Court began by recognizing the general rules that govern motions to dismiss in federal court actions. ” To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work.”

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Derivative Work Copying Copyright Infringement Copyright 52

LexBlog IP

JANUARY 10, 2024

But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that may interest more than just IP attorneys), and titles a bit of fun (so we can draw in those looking for a bit of lightness amid more serious legal analysis). is] that works produced for the U.S. ” H.R.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. TYPES OF INTELLECTUAL PROPERTY RIGHTS: COPYRIGHTS : Copyrights are a fundamental type of intellectual property right that plays a crucial role in protecting the creative works of startups.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IP Law Blog

JULY 6, 2023

Section 107 of the Copyright Act provides that “the fair use of a copyrighted work, including such use… for purposes such as criticism [and] comment…. The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

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Fair Use Derivative Work Copying Licensing 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. appeared first on Intepat IP.

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Intellectual Property Designs Design Artwork 52

Kluwer Copyright Blog

APRIL 22, 2022

A recent report in the context of the reCreating Europe project addresses this question, building on previous work from some of its authors, namely a study on “Trends and Developments in Artificial Intelligence: Challenges to IP” (summarised in a previous post ) and this article. Example workflow diagram by artist duo Hyper Music.

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Music Copyright Derivative Work Ownership 66

Intepat

MAY 17, 2024

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

LexBlog IP

JULY 6, 2023

Section 107 of the Copyright Act provides that “the fair use of a copyrighted work, including such use. ” In its opinion, the Supreme Court reasoned that where the use is for commentary or criticism, copying of the first work “may be justified because copying is reasonably necessary to achieve the user’s new purpose.

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Fair Use Derivative Work Copying Licensing 52

LexBlog IP

SEPTEMBER 12, 2023

For instance, a permissive license like MIT allows others to do almost anything they want with your project, whereas a more restrictive license like GPL requires any derivative work to be open-sourced. Proactively protecting your work is a legal necessity and a strategic move that can add value to your startup.

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Copyright Fair Use Copyright Law Intellectual Property 52

IIPRD

SEPTEMBER 29, 2022

Internet technology is developing faster than the laws that govern it. The digital representation of the work could mean the reproduction of the work itself. New Verities Of Hybrid IP Infringements aside from conventional infringements of intellectual property , pose a high challenge to the enforcement authorities.

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Copyright Intellectual Property Copying Music 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Furthermore, India is actively engaged as a participant in key WIPO-administered International Treaties and Conventions governing various aspects of intellectual property rights. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

Kashishipr

SEPTEMBER 15, 2021

Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work? The same stands true for the ‘walking against the wind’ dance, popularized by Bill Bailey yet not registered and claimed. Why Consider Registering a Copyright?

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Copyright Registration Music Copyright Law 105

IP Watchdog

DECEMBER 12, 2023

Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software. On December 11, the Review Board of the U.S.

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Copyright Registration Derivative Work Technology 141

LexBlog IP

JUNE 7, 2023

Two of these licenses offered by GitHub waive any copyright rights in the code in the repository, while the remaining eleven licenses comprise open source licenses of varying strength, ranging from the permissive MIT and Apache Licenses to the copyleft GNU General Public Licenses v.2

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

LexBlog IP

MAY 31, 2023

This strategy sidestepped larger questions regarding whether the creation of the Prince Series itself or the display or sale of those works qualify as fair use, which AWF had urged the Court to consider.

Fair Use 52

Fair Use Licensing Copyright Editing 52

43(B)log

FEBRUARY 4, 2023

Aman Gebru, Communal Authorship © does well with solo and team authored works, but not communally authorized works, which creates confusion and gets in the way of expression; some actors benefit unfairly, capturing value that isn’t theirs. Team-authored works: dramatic, musical, audiovisual. Derivative work?

Copyright 64

Copyright Editing Settlement Music 64

Copyright Lately

OCTOBER 3, 2022

Artists typically don’t register copyrights in their tattoos, and they almost never file lawsuits when their works are reproduced as they appear on clients’ bodies. ” Among those limited exceptions are situations in which a tattoo design is used as a work disconnected from the body on which it appears.

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Fair Use Designs Design Licensing 80

LexBlog IP

AUGUST 23, 2023

Warhol , at 1283-84 ] This paragraph asks the judge, or the art critic, to carry out their tasks, and consider the meaning of a work. But to do so without considering the work’s significance and without considering the subjective intent of the person creating the derivative work or the subjective impact of that work upon the viewer.

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Copyright Art Copying Derivative Work 52

LexBlog IP

JULY 21, 2021

To avoid these issues, religious groups can implement copyright law to prevent all impermissible copying and distribution of the religious works and any derivative works, and therefore maintaining their doctrinal purity. ” Id. at 138-139. Two other emerging patent areas mat even more directly implicate Creator connections.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52