The IPKat

APRIL 30, 2024

Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain. And in a world brimming with trademarks, what is the ultimate purpose of the public domain? Is the overlap of different IP regimes genuinely problematic?

Reporting 62

Reporting Copyright Public Domain Law 62

Copyright Lately

APRIL 30, 2021

The fact pattern presented in the plaintiff’s complaint is pretty devilish, made possible by the draconian notice and registration requirements imposed by the 1909 Copyright Act. public domain (subject to potential restoration, which I’ll discuss shortly). copyright law. Nirvana LLC. It argues that when the U.S.

Public Domain 84

Public Domain Copyright Copyright Notice Publishing 84

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Academic researchers play an important role, as most of the time, they are concerned about publication, not patents.

Art 52

Art Patent Public Domain Invention 52

IPilogue

DECEMBER 10, 2021

Relying on Twin Books Corporation v Walt Disney Company ( Twin Books ), Bundy argued, “a foreign publication of a foreign work, before January 1, 1978, without notice of United States copyright, did not put the foreign work into the public domain in the U.S.”. They brought evidence of U.S. Copyright Act of 1909.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Patently-O

APRIL 20, 2024

Questions presented: When looking for comparison prior art, is the article’s function relevant in any way? Clearly, the relevance of the public domain images transcends the particular objects. Must the comparison prior art be the “same article” as claimed? Starr Brothers Bell Co. , 362 (C.C.D.

Design Patent 68

Design Patent Art Designs Design 68

Michael Geist

APRIL 27, 2022

While the government is not making the change retroactive (meaning works currently in the public domain stay there), no one seriously expected that to happen. Page 328 of the bill features the shoehorned amendments to the Copyright Act, including an extension of the term of copyright.

Government 102

Government Copyright Public Domain Registration 102

Kluwer Copyright Blog

MAY 3, 2022

copyright and the public domain. Preference will be given to applicants willing to make in-person presentations. We welcome contributions that address the following topics in an EU and comparative perspective: copyright exceptions and limitations. copyright internal limits. copyright and fundamental/human rights.

Copyright 98

Copyright Intellectual Property Law Public Domain Intellectual Property 98

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.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

Kluwer Copyright Blog

APRIL 18, 2024

But the present draft clearly reaches such content. [2] No amendment offered in public session. Measures A prohibition on circumvention of TPMs could extend protection to materials in the public domain or prevent the exercise of exceptions. 3] The current chair’s draft contains a national treatment clause (article 5.2)

Public Domain 63

Public Domain Contracts Copyright Licensing 63

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. However, no fees shall be paid for certain specific uses, such as in the case of personal use, use for study purposes or public entities’ use with the aim of enhancing the assets themselves. This is exactly the case here. Second, Art.

Artwork 56

Artwork Public Domain Art Copyright 56

Kluwer Copyright Blog

NOVEMBER 19, 2021

Over the last few months, each working group has discussed, researched and dissected these issues, and produced four Position Papers encapsulating their outcomes, available now on the CC Medium Publication. Max kicked things off presenting WG 1’s paper Key Findings of the Creative Commons Working Group on Copyright and AI.

Copyright 110

Copyright Intellectual Property Law Public Domain Copyright Law 110

IP and Legal Filings

MAY 3, 2024

Once the period expires, the program enters the public domain and is free for all users. For example, a teacher might print a book or article to distribute to students, or include the transcript of a copyrighted video in his or her presentation.

Fair Use 92

Fair Use Copyright Privacy Copying 92

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain.

Fair Use 60

Fair Use Public Domain Copyright Litigation 60

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).

Reporting 52

Reporting Copyright Public Domain Editing 52

IP and Legal Filings

MAY 13, 2024

ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use. Protection under copyright usually lasts for the entire life of the owner along with a supplementary time frame, after which the work becomes within the public domain and is allowed to be openly utilised by anybody.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

SpicyIP

APRIL 29, 2023

However, it is commonly accepted that for information to be construed as confidential, the said data must possess the requisite element of confidence, must have some commercial value and cannot be in the public domain. Additionally, reasonable measures need to be taken to maintain this confidentiality.

Confidentiality 130

Confidentiality Contracts Public Domain Marketing 130

Biswajit Sarkar Copyright Blog

MARCH 22, 2022

Subsequently, performance can be referred to as the representation of any visual or acoustic presentation which has been performed by one or more performers. He has the right of communicating the work in the public domain. actor, juggler, snake charmer, or any person who is making a performance.

Copyright Law 52

Copyright Law Copyright Law Public Domain 52

Kluwer Copyright Blog

MAY 17, 2023

On the contrary, areas not covered by the EU harmonization still present moderate to very high degrees of fragmentation, which strongly call for an intervention by the EU legislature. Quotation represents the only mandatory exception under the Berne Convention, and this explains while it is present in all Member States. Public domain.

Reporting 52

Reporting Copyright Public Domain Copying 52

The IPKat

MAY 17, 2023

The book is presented in three main parts. Where a state classifies a public domain work as a national treasure there would be no issue. Sinanidou, Irini Stamatoudi, Simon Stokes, Uma Suthersanen, Alina Trapova, Paul Torremans, Charlotte Waelde, Marc Weber, Julia Wildgans, and Peter K.

Intellectual Property 117

Intellectual Property IP Editing Intellectual Property Law 117

The IPKat

JULY 30, 2023

Now in its second edition, the book offers a primer on copyright-related challenges that artificial intelligence (AI) presents. Instead, in the opinion of the author, AI-generated works should immediately enter into public domain. Each chapter addresses a specific question raised by AI.

Art 52

Art Copyright Database Right Public Domain 52

SpicyIP

NOVEMBER 7, 2022

Our winning essay this year is a fascinating walk through the challenges and opportunities presented by ‘dupes’, as distinguished from counterfeits and knockoffs, in the fashion industry. Exploring the “Space” for Makeup Dupes in the Indian IP Framework ”. The essay is available here.

IP 105

IP Law Public Domain Music 105

TorrentFreak

AUGUST 7, 2022

But, as the image below shows, Twitch loves to log information and sites like StreamsCharts are more than happy to present it elegantly. In addition to channel sources and analytics accounts, advertising affiliates are shared across multiple domains. Other Sites in the Same DMCA Subpoena.

Public Domain 130

Public Domain Advertising Advertising Copying 130

Kluwer Copyright Blog

FEBRUARY 8, 2023

On the flipside, the internal market goal’s flexible mechanics have allowed the EU legislator to present (and pass) numerous copyright measures. Nonetheless, even if such evidence emerges, the necessity test, namely the second factor, is what could present more serious obstacles to pass legislation of this kind.

Marketing 110

Marketing Marketing Copyright Copyright Law 110

IP and Legal Filings

MAY 3, 2023

For instance, in accordance with this doctrine, the author would be entitled to copyright protection if someone collected different poems that were previously in the public domain and produced in a single document. With the information in the public domain, the Rural Telephone Service issued a phone book.

Copyright 88

Copyright Public Domain Copying Publishing 88

The IPKat

MAY 13, 2022

Interested presenters should submit abstracts no longer than 300 words, and should also indicate whether the contribution has already been published or is a work in progress and whether they are available to join the conference in-person or online. Preference will be given to applicants willing to make in-person presentations.

Intellectual Property 67

Intellectual Property Public Domain IP Copyright 67

Patently-O

APRIL 17, 2024

In Dastar , the defendant had copied footage from an old television series that had entered the public domain, made minor edits, and sold the resulting videos as its own product without attribution to the original creators. 1125(a)(1)(B) (Section 43 of the Lanham Act).

False Advertising 114

False Advertising Advertising Advertising Patent 114

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

This means that all the claims/features of the invention must be present in a single document in such a manner that each novel element of the claims is disclosed in the prior art document. The novelty is always determined with reference to a single prior art document.

Art 52

Art Invention Public Domain Publishing 52

TorrentFreak

DECEMBER 21, 2022

This week the Copyright Office presents its conclusions, which are also shared with Senators Tillis and Leahy in two letters. The Copyright Office also asked stakeholders whether it’s desirable to make certain standard technical measures mandatory for online platforms. Tweaking the DMCA.

Copyright 125

Copyright Fair Use Public Domain Government 125

IPilogue

JULY 20, 2022

Swatch filed the revocation petitions on October 14, 2016, so Apple was required to present evidence showing “genuine use” of the mark in the immediately preceding five years. The decision effectively makes the mark “Think Different” fall in the public domain and is closely preceded by chatter about Apple’s unethical trademark practices.

Trademark 81

Trademark Intellectual Property Public Domain IP 81

Plagiarism Today

SEPTEMBER 14, 2022

Instead, the journal is leaving intact a February editor’s note that says, “Readers are alerted that concerns have been raised with respect to the reliability of the data presented in this article.”. The move is simply the latest chapter in Newmaster’s history. In short, the paper would not be retracted.

Journalism 177

Journalism Plagiarism Publishing Public Domain 177

TorrentFreak

SEPTEMBER 24, 2021

Because the rights were already bought out, for example, or when files are in the public domain. The present legal environment forces ResearchGate to simply take content offline. Some researchers even said that they never transferred their copyrights to the publishers, which would mean that they have no say over the matter.

Publishing 139

Publishing Public Domain Copyright Copyright Infringement 139

The IPKat

APRIL 8, 2023

35/2017); content in the public domain; content covered by an exception. Conclusion The SIAE/Meta case presents several interesting insights from the point of view of the interpretation of Article 17 and the following clauses in Chapter III of the CDSM Directive. 5 (3) Barnier Directive; Art. 4 (5) D.Lgs.

Music 129

Music Art Copyright Related Rights 129

Kluwer Copyright Blog

JUNE 8, 2022

More specifically, this post explores whether current EU copyright rules may have the effect of favoring the propagation of bias present in input data to the algorithmic tools employed for content moderation and what kind of measures could be adopted to mitigate this effect. Scenario (1): Public Domain.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

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].

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

SpicyIP

SEPTEMBER 15, 2023

The proposed amendment goes against the scheme of Section 146(2) of the Patent Act which requires such filings to be made every 6 months and presently there is no provision of seeking an extension against this obligation. Anyhow, let’s look further into the reasoning as well.

Patent 105

Patent Invention Public Domain Patent Application 105

Patently-O

FEBRUARY 5, 2024

Justice Douglas goes on: It is worth emphasis that every patent case involving validity presents a question which requires reference to a standard written into the Constitution. 147, 156 (1950). Although case applied pre-1952 law, the reminder here is poignant.

Law 45

Law Public Domain Design Patent Invention 45

The IPKat

FEBRUARY 28, 2022

In that regard, the court remarked that: “ It follows from Article 67 of the Withdrawal Agreement that the rules on jurisdiction and the recognition and enforcement of judgments applicable to proceedings initiated before the end of the transitional period, such as the present proceedings, remain unchanged.

Public Domain 122

Public Domain Trademark Law 122