Kluwer Copyright Blog

APRIL 29, 2024

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain.

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The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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43(B)log

AUGUST 4, 2023

In manuscript to print, you can find readers anticipating what print will facilitate—the concept of an authoritative edition, the professional editor; readers wanted these things before the tech offered them. Institutional precarity: Declining trust in markets, not in IP law. That’s the domain of other kinds of laws, like antitrust.

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JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 5] Netflix and the estate quickly settled. [6]. 5] Netflix and the estate quickly settled. [6]. 9] Both parties reached an amicable settlement. [10]

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Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

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The IPKat

JULY 30, 2023

Now in its second edition, the book offers a primer on copyright-related challenges that artificial intelligence (AI) presents. This might slow down the development of this market in Europe. Instead, in the opinion of the author, AI-generated works should immediately enter into public domain.

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Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

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The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

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Intellectual Property Designs Design Intellectual Property Law 72

Patently-O

APRIL 17, 2024

Dawgs alleged that Crocs falsely marketed its “Croslite” shoe material as “patented,” “proprietary,” and “exclusive” when in fact the material ethyl vinyl acetate, a well known compound used by many footwear companies. Crocs largely prevailed in those actions.

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LexBlog IP

APRIL 11, 2023

In this edition of #InterestingPatents, we look at The United States of America, as represented by the Secretary of Agriculture’s new patent for a new red raspberry cultivar called Finnberry. However, the good news is eventually this plant will become part of the public domain and accessible to everyone. important;}.vc_custom_1624980560576{margin-top:

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Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

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Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? The post How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Do creators who use generative AI maintain copyright in their creations?

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Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. Attaching to that output long term proprietary claims risks paralysing the public domain.

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Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

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Technology & Marketing Law Blog

MAY 13, 2024

Editions Ltd. And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. The post Elon Musk’s Gifts to Web Scrapers (Guest Blog Post) appeared first on Technology & Marketing Law Blog. 3d 754, 760 (9th Cir.

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Kluwer Copyright Blog

DECEMBER 1, 2021

The main policy objective behind the consultation is “ to incentivise investment in AI development and to promote the use of AI for public benefit, whilst enabling competitive markets, consumer choice and fair access to IP-protected goods for the benefit of society ”. Intellectual Property Law in China, 2nd edition.

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Kluwer Copyright Blog

MAY 16, 2023

Flexibilities have been classified on the basis of a blended taxonomy, centred around categories of uses, purposes/goals and rights/interests balanced against copyright, coupled with horizontal, catch-all categories such as “public domain” and “external copyright flexibilities”. private study, e-lending).

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Copyright Lately

APRIL 3, 2023

IA’s Open Library project includes millions of public domain books that users can download and read without restriction. But because the books at issue in the lawsuit were all available in authorized electronic editions, the judge found that IA’s digital copies “merely replace those authorized by the Publishers.”

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Kluwer Copyright Blog

APRIL 25, 2024

Copyright simply establishes limited exclusive rights to perform specified actions in relation to protected works, which owners may exchange for whatever value the market happens to ascribe to them. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. data —reside).

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Copyright Government Copyright Law Reporting 68

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Sometimes add content warnings instead of edits. public domain. In many cases, works edited rather than withdrawn.

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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. The letter is available here and its contents are reproduced below.

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IP Intelligence

AUGUST 15, 2023

Here, the human authorship and AI contributions most likely occur simultaneously and not in two separate stages, as they did when Kashtanova used Photoshop to edit Midjourney outputs. Accused infringers would be smart to take a similar approach when challenging the scope of copyright protection for works having AI-generated content.

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43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Defendants allegedly used editing tools to compress scenes that constituted “about 70% or more of” the 2001 Documentary into minutes of footage that then appeared in the 2013 Documentary.

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Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. Intellectual Property Law in China, 2nd edition.

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IP and Legal Filings

MARCH 14, 2023

Rauna Kuokkanen and Sam Grey [v] For example, have a look at Paul Kuruk’s edited book Traditional Knowledge, Genetic Resources, Customary Law, and Intellectual Property. 27–38, Weathering Uncertainty: Traditional Knowledge for Climate Change Assessment and Adaptation, edited by Douglas Nakashima and others. [vi] ix] Ibid. [x]

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Kluwer Copyright Blog

MARCH 8, 2023

3 in fine ) and is, thus, unable to place other elements of the public domain, such as information and news, out of the reach of the PPR (see, Christina Angelopoulos, Comparative National implementation Report, p. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

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Kluwer Copyright Blog

MAY 17, 2023

Public domain. Public domain and paying public domain regimes remain highly fragmented and not harmonized in the EU. Yet, national specifications are different, with the result that, despite the CJEU’s intervention in the field, the boundaries of public domain in EU copyright law remain unclear.

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Reporting Copyright Public Domain Copying 52

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

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Publishing Related Rights Intellectual Property Law Public Domain 52

IP and Legal Filings

NOVEMBER 18, 2021

On the other hand, fungible assets such as most cryptocurrencies are interchangeable with other cryptocurrencies since each unit will have the same market value and no unique or distinguishable value. This is similar to a scenario where a comic collector has ownership over a particularly prized edition he has purchased.

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The TTABlog

AUGUST 17, 2023

Therefore, once copyright protection ends, and the work falls in the public domain, others must have the right to call the work by its name.” Applicant Wood argued that his specimen of use (above) shows two books of different titles, CHURCH BOY TO MILLIONAIRE and DE CHICO DE IGLESIA A MILLONARIO, marketed under the same mark.

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Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. 633/1941 , l.aut.).

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Kluwer Copyright Blog

APRIL 28, 2022

Tuesday’s long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM Directive). Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published without proper copyright notice, the work entered the public domain. Effective January 1, 1978, the date of federal copyright protection was moved back from the date of first publication to the date the work was “fixed in a tangible medium of expression,” or permanently recorded in some form.

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