Remove topics section-102
article thumbnail

Copyright Law Preempting Contractual Terms of Use

Patently-O

Google removed the case to Federal Court and then sought dismissal of the case–arguing that all claims asserted in the case are preempted by Section 301(a) of the Copyright Act. (a) The case ties in directly to lots of academic work on the topic. Petition for Cert. Judge Easterbrook’s 1996 decision in ProCD v.

article thumbnail

EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

Kluwer Copyright Blog

It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

The Federal Circuit hints at Enablement requirements for Artificial Intelligence (AI) Inventions

LexBlog IP

While the decision is nonprecedential, the case allows a window into the Federal Circuit’s analysis and treatment of artificial intelligence-type claims with respect to Section 112 issues such as enablement. This topic was recently previewed in Realtime Data v. Judge Newman did not analyze the claim under Section 112.

article thumbnail

IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

Section 102 of the Copyright Act specifically details that there is copyright protection for “original works of authorship” that are fixed to a “tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine.”

IP 109
article thumbnail

IP Protection of NFTs: A Comparative Look at the US and China

LexBlog IP

Section 102 of the Copyright Act specifically details that there is copyright protection for “original works of authorship” that are fixed to a “tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine.”

IP 52
article thumbnail

SpicyIP Weekly Review (July 5-11)

SpicyIP

Topical Highlight. In a guest post , Lokesh Vyas criticises the application of Section 8(1)(d) of the RTI Act for protection of IP in a PhD thesis and argues that it is a public document as per UGC guidelines which cannot be withheld from the public. IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division.

article thumbnail

Guest Book Review – Tritton on Intellectual Property in Europe

The IPKat

The treaty section is particularly clear. Designs get comparatively little attention which is no doubt due to space limitations (the book has almost 1,500 pages excluding the tables of cases and legislation) but given the many design complexities in Europe, it is the one topic where a bit more detail would have been welcome.