SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? I. GenAI at odds with copyright law?

Copyright 130

Copyright Higher Education Copyright Infringement Ownership 130

TorrentFreak

FEBRUARY 17, 2023

The general consensus is that copyright law favors the publishers, but in a recent motion to dismiss, Elbakyan had other things on her mind too. Having asserted copyright ownership via assignment agreements and presented evidence that Elbakyan infringed their copyrights, the plaintiffs demonstrated a cause of action.

Publishing 142

Publishing Ownership Copyright Copying 142

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why.

Copyright Law 52

Copyright Law Copyright Ownership Law 52

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

TorrentFreak

JULY 23, 2023

We have included all VPN providers we contacted that don’t keep extensive logs or block lawful torrent traffic on all of their servers. Note: The responses below were received in 2023. Update: April 2023: Mullvad was subject to a search warrant but the company reports that customer data wasn’t compromised.

Privacy 140

Privacy IP Technology Reporting 140

The IPKat

JANUARY 1, 2025

Kevin Bercimuelle-Chamot joined the IPKat as an InternKat at the start of 2023 and then continued as a GuestKat. He kept readers informed about the latest developments in trade marks, designs, AI, and copyright law. Thank you and all the best, Anna Maria!

Ownership 64

Ownership IP Registration Intellectual Property 64

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?

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

IP and Legal Filings

MARCH 5, 2025

10] [Image Sources: Shutterstock] The right to publicity (personality rights) may also be construed as a property right, when commercial value is derived from an individual’s persona, and its ownership parallels that of tangible property. 11] WHY THE CONTEMPORARY SITUATION BEST BE DEALT WITH CODIFICATION OF PERSONALITY RIGHTS?

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

JD Supra Law

OCTOBER 16, 2023

Over the last few months, the Federal Trade Commission (FTC) has voiced an increasing interest in AI-generated content and copyright law.

Copyright 73

Copyright Intellectual Property Ownership Copyright Law 73

IIPRD

JANUARY 7, 2025

Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. As AI-generated works blur the lines of authorship and ownership, existing IP frameworks face significant tests, calling for responsive legal adaptations.

IP 98

IP Intellectual Property Invention Inventor 98

Intepat

NOVEMBER 4, 2024

When AI relies on extensive datasets, questions around the ownership, control, and protection of both personal and IP-related data become critical. AI’s capacity to generate content, inventions, and insights from this data intensifies concerns, not only about ownership but also about copyright and trade secrets.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

The IPKat

FEBRUARY 3, 2023

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. 1107/2023 involving RAI - Radiotelevisione Italiana. Creativity under Article 1 of Law No. Here are the main points of the decision. Picture of the cat courtesy by Arianna Antonelli.

Art 99

Art Copyright Artwork Editing 99

TorrentFreak

FEBRUARY 16, 2024

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. filed its complaint. Judge Michael T. Liburdi handed down his order on February 6, 2024.

Copyright 135

Copyright Trademark Copyright Infringement Registration 135

Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

Ownership 81

Ownership Licensing Copyright Fair Use 81

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No.

Copyright 125

Copyright Art Copyright Law Licensing 125

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Technology & Marketing Law Blog

APRIL 1, 2023

Maritas, 2023 WL 2726030 (E.D. March 30, 2023) * * * BONUS 1: Edelmania Productions, LLC v. Jordan Service, 2023 WL 424238 (C.D. 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.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

TorrentFreak

NOVEMBER 13, 2023

Yet despite reported progress, including an overhaul of Vietnam’s copyright laws and promises to crack down on piracy, including the formation of a specialist anti-piracy unit , nothing has had any visible effect. As of October 2023, the number of pay TV subscribers in Vietnam reached 18.7 million, an increase of 12.3%

Television 123

Television Cinema Reporting Government 123

Technology & Marketing Law Blog

MAY 15, 2024

The Supreme Court’s opportunity came with the 2023 decision in Nealy v. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. MSI], and plaintiffs did not submit any admissible evidence that MSP was affiliated with or had transferred the copyrights to MSI. Warner Chappell Music, Inc. ,

Music 105

Music Blogging Copyright Ownership 105

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. Zafar Mahfooz Nomani, 2023). At international level, Berne Convention was the first major convention established in 1886 to govern copyright, and USA became a signatory to Berne in 1989.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

The IP Law Blog

SEPTEMBER 14, 2023

Allen requested reconsideration on January 24, 2023, “arguing that the examiner had misapplied the human authorship requirement and that public policy favored registration.” The Office again found that unless the portions Allen did not create were excluded, then copyright registration was not possible.

Art 120

Art Copyright Registration Fair Use 120

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. Although the notice focuses on copyrightability, ownership questions will also come into play.

Copyright 94

Copyright Copying Derivative Work Licensing 94

Kluwer Copyright Blog

FEBRUARY 8, 2024

The latest jurisdiction to introduce a SPR is Bulgaria, in the context of the amendment law of 1 st December 2023 to transpose the CDSM Directive , introducing a non-overridable zero-embargo SPR. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

Publishing 132

Publishing Contracts Art Copyright 132

TorrentFreak

FEBRUARY 3, 2023

“Currently, copyright laws in Spain allow websites to be sued for distributing files by any method that infringes copyright, whether or not there is a profit motive. As we enter 2023, our coalition is better equipped than ever to target and shut down the pirates who threaten the legal creative economy.”

Branding 120

Branding Branding Brands Ownership 120

IP and Legal Filings

MARCH 12, 2024

Moreover, trends indicated that two-thirds of the world’s population started using the Internet by the end of 2023 [i]. To protect the right of creators, Copyright law was introduced, fostering creative innovation. Retrieved February 27, 2023, from [link] [ii] Copyright Act, 1957, S 55. Introduction Around 5.18

Intellectual Property 98

Intellectual Property Copyright Journalism Copyright Infringement 98

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods. The Respondent, engaged in a similar business, applied for the trademark in 2023.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

Patently-O

AUGUST 18, 2023

18, 2023). A federal court has dealt a blow to the prospect of granting copyright protections to works created entirely by artificial intelligence systems. In their recent decision, Judge Howell ruled that because AI systems lack human authorship, their output is ineligible for copyright. By Dennis Crouch Thaler v.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

SpicyIP

MARCH 1, 2025

Through the Copyright Amendment Act, 2012, DRM and TPMs received a legal sanction as the newly introduced Section 65A (1) criminalised the act of circumventing the DRM with the intention to infringe on copyright laws. In 2009 , users woke up to find their purchased copy of 1984 had disappeared from their library.

Copying 59

Copying Editing Licensing Copyright 59

Intepat

NOVEMBER 2, 2023

He expressed concerns about copyright protection for such works, citing legal cases like Thomson Reuters vs. Ross Intelligence Inc., which have raised questions about the ownership and protection of AI-generated content. The post National Intellectual Property Rights Conference 2023 – Day 1 appeared first on Intepat IP.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. 2023 WL 3449131 at *1 (N.D. May 11, 2023). Complaint at 31.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. First of all, in terms of copyright, to reiterate our very clearly articulated position. copyright law really doesn’t seem to give UMG a ton of options. year over year to $2.71

Music 93

Music Copyright Copying Copyright Law 93

The IPKat

MAY 17, 2023

The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, meetings, timelines, and e-mails can be used to show ownership of copyright, highlighting the importance of keeping a record of this information. The agenda can be found here.

Designs 69

Designs Design Copyright Infringement Copyright 69

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. Whether to honour the digital exhaustion doctrine or not, has always seemed a matter of national or EU law.

Copyright 92

Copyright Copying Copyright Law Publishing 92

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform.

Artwork 52

Artwork Copyright Editing Ownership 52

Technology & Marketing Law Blog

MARCH 29, 2023

Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. The respondent did not respond then, and the CCB sent a notice on January 11, 2023. Oppenheimer v.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105