Kluwer Copyright Blog

JANUARY 9, 2023

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

Blogging 95

Blogging Copyright Fair Use Reporting 95

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Voting closes at midnight on January 31, 2022, and winners will be announced thereafter.

Moral Rights 78

Moral Rights Database Right Design Designs 78

The IPKat

MARCH 6, 2022

Among other things, the proposal clarifies that the " sui generis database right " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

LexBlog IP

DECEMBER 12, 2023

This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

IP 52

IP Database Right Intellectual Property Copyright 52