Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent. What could this mean for copyright-relevant upcycling?

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Copyright Copyright Law Business Intellectual Property 116

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. Introduction.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Technology & Marketing Law Blog

MAY 15, 2024

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. at 37 (Scalia, J., Thomas, J.).

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Music Blogging Copyright Ownership 105

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. Copyright Office. Copyright Office by year for the last 10 years. Copyright Office while register the software aspect of the designs (e.g., source code) under copyright law.

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Registration Designs Design Copying 130

IP and Legal Filings

MARCH 12, 2024

To protect the right of creators, Copyright law was introduced, fostering creative innovation. Copyright Law and Insufficient Injunctions The British Statute of Anne, 1710, was the first copyright statute. Indian Journal of Intellectual Property Law, 11, 179-204. 2020, December 18). link] Dixit, P.

Intellectual Property 98

Intellectual Property Copyright Journalism Copyright Infringement 98

Traverse Legal Blog

SEPTEMBER 23, 2020

Being sued for copyright infringement for posting a photograph of yourself seems somewhat illogical, but copyright rights lie with the individual taking the photograph, rather than the individual featured in the photograph. Photographers Need a Registered Copyright to Sue. The Debate Continues.

Copyright 59

Copyright Copyright Infringement Copyright Law Registration 59

IP and Legal Filings

JANUARY 29, 2023

Delving into the parallel creation model, proposed for machinima, it is proposed that it should be based on collaborative creation and no exclusionary ownership. This also rules out the threat of the creation of a new game and is more convenient since developers do not have to take the pain of extracting copyright fees from a lot of users.

Copyright 97

Copyright Ownership Publishing Copyright Infringement 97

SpicyIP

AUGUST 22, 2021

Zee Entertainment Enterprises refused to grant an interim injunction in a case involving the telecasting of certain films by Zee Entertainment on their satellite channels and OTT platform in which the plaintiff claimed ownership of copyright. News from India. You can read our posts on the report here , here , here , here and here.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

Copyright Lately

NOVEMBER 24, 2024

The result is a framework that creates impractical outcomes and undermines copyright enforcement—particularly in the music industry, where fractional ownership is the norm. Importantly, Davis emphasized that a co-owner’s independent right to enforce the copyright is subject to a duty to account for profits to the other co-owners.

Copyright 89

Copyright Music Ownership Licensing 89

Kluwer Copyright Blog

SEPTEMBER 9, 2021

Although the contract between a makeup artist and her publisher described the artist as the author of the book, the dispute still arose under the Copyright Act because “author” is a term defined under the Act. Kelley, August 12, 2020, Higginbotham, P.). A full summary of this case has been published on Kluwer IP Law.

Copyright 52

Copyright Contracts Ownership Publishing 52

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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Music Copyright Derivative Work Ownership 64

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

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Blogging Copyright Settlement Ownership 98

Kashishipr

JUNE 23, 2021

The digital universe is so large that it is said that big data is doubling in size every two years, and by the end of 2020, it is expected to reach 44 zettabytes. ” Therefore, the domain of big data cannot escape the interplay of IP laws in its administration and protection against third parties.

Intellectual Property 98

Intellectual Property Invention IP Copyright 98

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

Kluwer Copyright Blog

SEPTEMBER 29, 2021

One could speculate about the impact this decision could have in the field of copyright law. Would this be an appropriate solution in the field of copyright law? However, they found that current copyright law would not recognize AI as an author. Some arguments in favor of this solution in copyright law.

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Inventor Copyright Law Copyright Law 67

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. The Indian Copyright Act stipulates that the duration of copyright for pseudonymous works is 60 years from the date of publication.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

IP and Legal Filings

DECEMBER 6, 2022

Violations of copyrights are addressed under Chapter XI of the Copyrights Act of 1957. Infringement of copyrights is addressed under Sections 51 through 53A of the Copyrights Act, 1957. Producers may claim exclusive ownership of an album or song in court owing to copyright protections. 2022, April 22).

Music 97

Music Copyright Copyright Infringement Moral Rights 97

Copyright Lately

AUGUST 10, 2021

Last year, I wrote about an epic copyright battle between the Philadelphia Phillies and the original creators of the Phillie Phanatic over ownership rights in the beloved baseball mascot. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

Derivative Work 101

Derivative Work Copyright Settlement Reporting 101

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership. What is it? by Alexander Puutio. €

Copyright 94

Copyright Intellectual Property Moral Rights Ownership 94

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Art 98

LexBlog IP

JANUARY 4, 2023

Ownership and Enforcement. Even if copyright is accepted in both the US and China as the most suitable IP for NFTs protection, challenges remain. Copyright statutes and case law were not ready for the digital revolution and the very concept of copyright needs to be newly molded and adapted to the peculiar nature of NFTs.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The TTABlog

DECEMBER 19, 2024

The author of this 2020 article, published before the introduction of ChatGPT by its creator, Open AI, in November 2022, imagines an artificial intelligence (AI) assistant able to make product choices for consumersa capability that the author considered hypothetical but that has now been fully realized in todays AI models.

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Reporting Trademark Intellectual Property Ownership 45

Kluwer Copyright Blog

MARCH 13, 2024

From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). Looking forward, it is essential to ensure that legitimate uses expressly foreseen by copyright law are enabled through better access to protected works.

Copyright 118

Copyright Art Licensing Contracts 118

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. The genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection?

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 40

Designs Design Copyright Artistic Work 40

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright.

Technology 96

Technology Marketing Marketing Copyright 96

Kluwer Copyright Blog

NOVEMBER 15, 2022

In a 2022 Copyright Review Board decision [10] the US Copyright Office rejected a second request for reconsideration of a refusal to register a two-dimensional work of art described by the applicant as “autonomously created by a computer algorithm running on a machine.” (The 4 th 1034 (9 th Cir. 2] Taylor v. 4 th 1034 (9 th Cir.

Copyright 58

Copyright Fair Use Copyright Infringement Ownership 58

Kluwer Copyright Blog

SEPTEMBER 4, 2023

According to the Court,the ownership of the work could be attributed to the claimant on the basis of the prints of the websites she produced and via an online search, as well as a book published by Mondadori which contained the image with the attribution to the architect.

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Art Editing Copyright Ownership 72

JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. 6, 2020, which sold for nearly $400,000. Essentially, an NFT is a digital token that can serve as a certificate of ownership. Rockets game of Feb.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 22, 2022

Practice area: Trademark and copyright. Law school and year of graduation: Emory University School of Law, 2014. Cheng: When I was looking to move firms, I had also just expanded my practice to trademark and copyright law. Law.com: What lessons, if any, did you learn in 2020/2021 (the COVID years)?

Litigation 52

Litigation Copyright Law Business Trademark 52

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Ownership of Copyright. Photography.

Art 52

Art Copyright Artistic Work Public Domain 52

Kluwer Copyright Blog

APRIL 24, 2022

In most cases, these proposals fail to adequately consider existing protection for AI outputs under copyright law and, where such protection is lacking, under related rights or (in limited cases) specific regimes for protection of computer-generated works. based on copyright protection of the AI outputs).

Music 55

Music Copyright Related Rights Ownership 55

IIPRD

AUGUST 4, 2022

Even a tweet is protected as a literary work under copyright. All original works are protected by copyright. Copyright is applied to fresh and unique work as soon as it is created. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

The IP Law Blog

MARCH 31, 2022

There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract. Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed.

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Contracts Law Artwork Copyright 96