Kluwer Copyright Blog
JUNE 19, 2023
The ‘ Dune’ scenario is a well-known ‘tale of crypto folly’ featuring NFT purchasers who failed to exercise appropriate due diligence in determining what rights are granted when procuring an NFT. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.
IPilogue
JULY 8, 2021
On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. Even though national laws require due diligence obligations of diverse scopes, each nation’s laws and practice will ascertain the meaning of the “best efforts”.
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azrights
AUGUST 11, 2022
So, if you’re intending to use an unusual, highly distinctive image generated by AI, you may want to do some due diligence to establish that there is no obvious infringement. If so, that image would infringe copyright in the original. You would be liable if you were making use of the infringing output.
Kluwer Copyright Blog
NOVEMBER 24, 2021
This does require a violation of a due diligence obligation, however. In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used. The BGH assumed that an infringement of the related right of the film producer had occurred.
The IPKat
AUGUST 11, 2022
KECOBO did mention that a work may be in the public domain because copyright has expired and companies should conduct due diligence before engaging in meme creation]. Beyond the need to provide a balanced and accurate view of copyright statutes, there are positive lessons to draw from KECOBO's work as the copyright regulator in Kenya.
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