Patently-O

AUGUST 22, 2022

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964). ” In re Jackson , 972 F.3d 3d 25 (2d Cir.

Patent Law 91

Patent Law Law Patent Invention 91

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Therefore, AI may not equipped for generating an original work. Hence, ownership is not granted to the AI.

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

Kluwer Copyright Blog

AUGUST 12, 2021

To that end, this blog addresses how the Egyptian copyright law (ECL) regulates intermediaries’ liability when it comes to copyright-related infringements. What lessons, if any, should the Egyptian copyright legislator retain from the CJEU’s last words on the liability regime of the ECD? For further lessons, stay tuned ….

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

Copyright Lately

SEPTEMBER 8, 2024

The theory behind CDL is that by maintaining a consistent “owned-to-loaned” ratio between physical books and digital copies, libraries can meet the digital needs of twenty-first-century patrons without violating existing copyright law. million additional books protected by valid copyrights. At least, that was the idea.

Publishing 102

Publishing Copying Fair Use Licensing 102

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.

Music 72

Music Copyright Derivative Work Ownership 72

SpicyIP

FEBRUARY 9, 2023

Access to these court proceedings can also be construed as a part of Section 4 of the RTI Act, 2005 since the judiciary can be deemed as a ‘public authority’. While it’s understandable how and why the law of contempt and the IT Act will be applied, the position on copyright infringement is not particularly clear.

Copyright 136

Copyright Government Law Editing 136

IP Tech Blog

MAY 18, 2023

In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software.

Copyright 57

Copyright Public Domain Copying Litigation 57

Copyright Lately

APRIL 3, 2023

The theory behind CDL is that by maintaining a consistent “owned-to-loaned” ratio between physical books and digital copies, libraries can meet the needs of twenty-first-century patrons without violating existing copyright law. million additional books protected by valid copyrights. At least, that’s the theory.

Fair Use 80

Fair Use Copying Publishing Copyright 80

LexBlog IP

MAY 18, 2023

In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software.

Copyright 52

Copyright Public Domain Copying Litigation 52

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Second, although mere facts and data as such are not protected by copyright, their extraction from protected subject matter (works, non-original databases, etc.) Scenario (1): Public Domain.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 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. Copyright can be applied to art if it can be sold.

Art 52

Art Copyright Artistic Work Public Domain 52

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Copyright Lately

FEBRUARY 2, 2025

Public domain works are freeunless misinformation and aggressive claims deter the public from freely using them. public domain 95 years after their initial publication by Belgian artist Herg. January 27, 2025 email from Tintinimaginatio to Duke Law’s Center for the Study of the Public Domain.

Public Domain 98

Public Domain Copyright Cease and Desist Publishing 98

LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” Newman, 959 F. 3d 1288, 1303 (11th Cir. ’” Id.

Copyright 52

Copyright Art Copying Derivative Work 52

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. GSPR (2021) 131 Zhaoxia Deng, Illegal To Play? & Tech.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

CopyrightsWorld

APRIL 29, 2022

” On May 27, 2020, Thaler filed a second appeal, arguing that AI artworks should be copyrightable because it would “advance the fundamental aims of copyright law, including the constitutional foundation for copyright protection.” ” In the United States, only human creators have copyright.

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

” On May 27, 2020, Thaler filed a second appeal, arguing that AI artworks should be copyrightable because it would “advance the fundamental aims of copyright law, including the constitutional foundation for copyright protection.” ” In the United States, only human creators have copyright.

Copyright 98

Copyright Artwork Public Domain Art 98

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. Oracle America, Inc. ,

Copyright 58

Copyright Copying Copyright Infringement Fair Use 58

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Karp says that librarians attack (c) protection for authors; on information, he says, a copyright doesn’t restrain information, b/c it doesn’t protect facts or ideas, only expression.

Copyright 59

Copyright Moral Rights Artwork Art 59

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Before 2020, the Supreme Court decided only four fair use cases. Barton Beebe’s empirical work on this topic.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

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). The judgment comes almost a year and a half after the Court heard the parties to the case in November 2020.

Copyright 114

Copyright Law Intellectual Property Law Public Domain 114

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” 1498, 1509-10 (2020). ” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. ” H.R. ” US Const.,

Ownership 52

Ownership Copyright Government Intellectual Property 52

Copyright Lately

DECEMBER 4, 2024

public domain officially welcomes the comic debuts of Popeye and Buck Rogers, alongside classic works by Faulkner, Hemingway, and landmark sound films from the year talkies took over. copyright law does not, in fact, require adaptations of newly freed works to transform cherished childhood memories into homicidal maniacs.

Public Domain 136

Public Domain Music Cinema Copyright 136

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). If the work was published with proper copyright notice, it received a federal statutory copyright.

Copyright 131

Copyright Blogging Publishing Fair Use 131