Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

IP and Legal Filings

JUNE 29, 2024

Ramkumar Jewellers , wherein it was held that an individual should be able to control the circumstances around the use of their identification. [8] This usually applies in cases of news, parody, commentary, non-commercial use etc. It usually entails review, commentary, satire, comedy, criticism over the original work.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

The IPKat

FEBRUARY 20, 2024

The Court referred to a 2012 decision of the Spanish Supreme Court in the Google case ( Sentencia no. As for the nature of the work, the Court observed that although the physical works had been used to create new, digital works, the new works respected the spirit of the originals and gave their authors proper attribution and recognition.

Moral Rights 78

Moral Rights Artwork Fair Use Copyright 78

TorrentFreak

FEBRUARY 15, 2024

Claims that recording amounted to fair use were brushed aside, not least since the service actually recorded everything behind the scenes, contrary to customers’ belief that any recordings played back via the service were unique to them.

Copyright Infringement 120

Copyright Infringement Copyright Fair Use Licensing 120

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

Copyright 98

Copyright Licensing Higher Education Copying 98

Michael Geist

FEBRUARY 21, 2023

In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. These claims are grounded in multiple inaccuracies.

Copyright 56

Copyright Licensing Higher Education Fair Use 56

SpicyIP

JUNE 26, 2024

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied. It is necessary to note that the original work that is converted into an accessible copy must be acquired legally.

Copyright 81

Copyright Copying Publishing Cinema 81

Kashishipr

JUNE 9, 2021

The court agreed that the defense of fair use might be available in a given case to an individual user; however, the “activities of Wynk can never be termed as ‘private’ or ‘personal use’ or research,” and that it is selling/commercially renting the sound recordings. Conclusion.

Music 98

Music Licensing Television Copyright Infringement 98

IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. A standard myth about the Internet is that anything posted online can be copied or downloaded. Image source:Gettyimages].

Copyright 52

Copyright Intellectual Property Copying Music 52

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. The recent amendment in 2012 included provisions like Section 65A and 65B which authorises and protects the actions of DRM.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Intepat

SEPTEMBER 27, 2024

Everything was going well until 2012 when University Press, Cambridge University Press (UK), and Taylor & Francis Group (UK), as well as Cambridge University Press India Pvt. On October 17, 2012, the Delhi High Court issued an interim injunction that halted Rameshwari Photocopy Service from producing or selling the crucial course packs.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

SpicyIP

JULY 22, 2023

It recognizes that generative AI systems are trained by reading, viewing, and listening to copies of human-created works which are subject to copyright protection. It also talks about suggestions that such copies are too trivial/de minimis to qualify as infringement.

IP 98

IP Intellectual Property Reporting Government 98

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 511, 523 (2012). 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? viii] See, e.g., Lee J. Int’l Com. 139 (2016).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

JANUARY 20, 2022

In 2012, US NASA’s robotic rover touched down on Mars. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art.

Reporting 98

Reporting Copyright Art Copyright Infringement 98

43(B)log

AUGUST 12, 2021

MercExchange In 2012, study found eBay ignored/ineffective in © cases; cited in only 11% of cases; applied in a cursory way; continued to grant injunctions at high rates. Why such different results from Liu’s 2012 study? Jennifer Rothman: the disallowed use is most likely to be fair use.

IP 90

IP Licensing Law Reporting 90

IP and Legal Filings

JANUARY 13, 2023

Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. The defence only applies to the extent of a plaintiff’s copyrighted work’s usage, not how the defendant uses it.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

The IPKat

OCTOBER 18, 2021

by Desmond Oriakhogba Sometime in 2012, Nigeria began the process of reforming her over three-decade old copyright law. Here is what Desmond says: Nigeria quietly, but surely, embracing balance, openness and flexibility in her copyright regime? The extant Copyright Act was enacted in 1988, with some amendments in the early and late 90s.

Copyright 63

Copyright Copyright Law Licensing Government 63

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. Ltd and Indian Performing Rights Society Ltd. Music Broadcast Ltd. HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124

Plagiarism Today

DECEMBER 8, 2022

While parody isn’t protected in the Constitution, fair use was codified into U.S. In that case, ComicMix LLC was seeking to release a comic book that mashed up themes from the two elements, only to have the Ninth Circuit Court of Appeals rule against them, saying it was not protected by fair use. Where Who’s Holiday!

Cease and Desist 246

Cease and Desist Fair Use Artwork Intellectual Property 246

SpicyIP

FEBRUARY 10, 2025

Without such protection, others could start competing businesses by merely copying the articles without investing in news gathering, editing and other tasks related to producing a publication. Unlike in India, copyright laws in the US, European Union and Singapore have provisions to respond to new technologies such as AI training.

Copyright 64

Copyright Copyright Law Fair Use Copyright Infringement 64

The IPKat

JULY 7, 2024

case concerning the creation and dissemination of a meme on social media saw the Court of Appeals clarify that “the fact that everyone else is doing it is not a particularly compelling justification” for the fair use doctrine under 17 U.S.C. § emphasizing that the four statutory fair use factors should not be considered separately.

Fair Use 75

Fair Use Social Media Privacy Copyright 75

43(B)log

FEBRUARY 16, 2024

Ushered in sea change in terms of how it was used in art cases. For years, those cases had determined fair use by focusing largely on whether the secondary work was transformative: new meaning or message. The question is, under an equitable rule of reason, is the use fair? That’s a normative question ultimately.

Derivative Work 59

Derivative Work Fair Use Art Marketing 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

Copyright 131

Copyright Blogging Publishing Fair Use 131