Happy Public Domain Day 2023
JD Supra Law
JANUARY 3, 2023
Each January 1 is Public Domain Day, which marks the entry of a fresh batch of copyrighted creative works into the United States public domain.
Michelangelo’s David and cultural heritage images. The Italian pseudo-intellectual property and the end of public domain
Kluwer Copyright Blog
JUNE 14, 2023
At the same time, the Italian Ministry of Culture has published new “Guidelines for the determination of the minimum amounts of fees and charges for the concession of use of property handed over to state institutes and places of culture of the Ministry of Culture ( Ministerial Decree of April 11, 2023, No.
Join 9,000+
Insiders
Sign Up for our Newsletter
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Trending Sources
[Video] Impact of Mickey Mouse on public domain. The latest artificial intelligience and intelluctual property cases - Thaler lost again. Nirvana Nevermind baby gets day in court. Tolkien estate and more.
JD Supra Law
JANUARY 22, 2024
Music lawyer Tamera Bennett and TV lawyer Gordon Firemark discuss: The impact of Mickey Mouse (or some versions) going public domain on January 1, 2024. 27, 2023); and the No AI Fraud ACT bill is introduced in the House. Microsoft Corp., 1:23-cv-11195 (S.D.N.Y.
1927 Enters the Public Domain
Indiana Intellectual Property Law
OCTOBER 16, 2023
However, January 1 st of each year marks the expiration of another year of historical copyrights, and 2023 ushered works from the year 1927 into the public domain , making them eligible for extensive use without pe rmission or royalties.
Patent Poetry: Sherlock Holmes and Winnie the Pooh Now in Public Domain
JD Supra Law
JANUARY 9, 2023
Every year on January 1, new works enter the public domain. In 2023, all literary works, musical compositions, and movies first published or released in 1927 entered the public domain in the United States. Earlier works were already in the public domain. By: AEON Law
2023 Quick Links: IP, Keyword Ads
Technology & Marketing Law Blog
DECEMBER 27, 2023
Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” Hoffmann Air Conditioning and Heating, LLC, 2023 WL 2681994 (E.D. March 29, 2023).
IP 
98
98 
Disney ‘Cracks Down’ on Mickey Mouse ‘Steamboat Silly’ Pirates
TorrentFreak
JANUARY 28, 2024
public domain would spark headlines worldwide. Free Mickey On January 1, many people celebrated the public domain event by uploading “Steamboat Willie” to YouTube and elsewhere. From a copyright angle, a public domain Mickey Mouse is highly intriguing, but it seems that pirates can’t be bothered by it.
Public Domain 128
128 
Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection
The IP Law Blog
SEPTEMBER 28, 2023
21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.
Public Domain 113
113 
AI Training, Fair Use, and the Burdens of Being First
Copyright Lately
FEBRUARY 17, 2025
Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision. A copy of something in the public domain can’t support a copyright unless it contains a distinguishable variation that reflects independent creativity. A case with potentially limited impact.
Fair Use 69
69 
2023 IP Resolutions Start with a Review of IP Assets
The IP Law Blog
JANUARY 12, 2023
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Intellectual property is a company asset, just like inventory.
IP 98
98 
Deepfakes and Personality Rights: The Need for codifying Personality Rights.
IP and Legal Filings
MARCH 5, 2025
This brings us to the discussion of their personality rights, which confer upon an individual the exclusive right to govern how their persona is depicted in the public domain, particularly for commercial purposes. 2] Rajat Sharma v M/s Independent News Service Pvt Ltd, Delhi High Court, [2024][link] 16 January 2025. [3] 10] Ibid. [11]
AIPPI UK Event Report: Roundup of 2023's Patent Cases
The IPKat
APRIL 2, 2024
Andrew Lykiardopoulos KC and Henry Edwards of 8 New Square presented the highlights of the 2023 patent cases in the form of a Christmas menu, including culinary delicacies such as Turkey with Apixaban Sauce and Caviar by Ocado. Over to Ada : "Before the starters, the chefs served hors d'oeuvres consisting of some outcomes from 2023.
Reporting 64
64 
Viewing Illegal Streams: No Cautions, Fines or Arrests Say GM Police
TorrentFreak
JANUARY 29, 2024
Information Accessible, Reasonably Priced During the weekend, we learned that the eight questions covering the five-year period 2019-2023, rejected by Wiltshire Police and West Yorkshire Police for being too costly to answer, were also sent to Greater Manchester Police (GMP).
Public Domain 134
134 
ICANN Simplifies Requests For Hidden Domain Name Registration Data
TorrentFreak
NOVEMBER 30, 2023
In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out. Anyone can make a request, via the system, for certain non-public domain registration data.
Registration 123
123 
accusing someone of patent infringement can be actionable disparagement if you know the patent's invalid
43(B)log
OCTOBER 9, 2023
2023 WL 6381821, No. 28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. Cap Export, LLC v. Zinus, Inc., 2:21-cv-07148-JWH-MRWx (C.D.
A Rare Invocation for a Rare Disease?: Government Urged to Invoke Section 100, Patents Act for Rare Disease Medicine
SpicyIP
JANUARY 20, 2025
However, no details are present in the public domain. 43275/2023) with respect to the treatment of SMA for a 24-year-old petitioner has been pending before the Kerala HC. Another similar petition (Seba P.A v Union of India – WP(C) No. The Courts order on February 23, 2024, had directed the Union government to release Rs.
Government 118
118 
SpicyIP Tidbit: Additional Records Allowed Before Framing of the Issues Says the Delhi High Court
SpicyIP
MARCH 27, 2023
Image from here Recently, on 6th March 2023, in Bennett Coleman & Co. The rejection rested on the remark that “ Even if the said documents were available in public domain at the time of filing of the suit, the need for filing the aforesaid documents arose only on account of the stand taken by the defendants in the written statement.”
Public Domain 105
105 
The dubious utilitarian argument for granting copyright in AI-generated works
Kluwer Copyright Blog
JANUARY 9, 2025
Our societys welfare will probably be better served by leaving AIGW in the public domain. Consider, for example, the following AI-generated image of Pope Francis that went viral in 2023. And so I think we are probably better off leaving those works in the public domain. Its a fun picture!
Copyright 64
64 
The Evolving Jurisprudence of Copyright in AI-Generated Works
IIPRD
MARCH 5, 2025
The article was rejected for copyright protection in 2023, and the argument was that the absence of human authorship disqualified the work from the right. Forming Exclusive Rights A sui generis intellectual property system based on AI-generated works might provide some degree of protection and also be a bridge to the public domain.
Copyright 52
52 
Controlled Digital Lending: A Copyright Analysis
IP and Legal Filings
JANUARY 16, 2024
This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized. The books which were in public domain were allowed to be read and downloaded by the patron. [3] 1156 (2023). [2] Internet Archive, 542 F.Supp. 2] Campbell v. Acuff Rose Music, Inc., 3d 87 (2d Cir.
Copyright 98
98 
Bungie Wins Powerful Disclosure Order to Identify Anonymous Cheat Makers
TorrentFreak
DECEMBER 1, 2023
New Lawsuit, New Determination Filed at a Washington court early August 2023, a new complaint alleging copyright infringement, breaches of the DMCA, and civil RICO violations, among others, targeted up to 50 developers, marketers, customer support staff, and sellers of Destiny 2 cheating software offered by Ring-1. .
Public Domain 127
127 
EU Agreement on the Text of a New AI Act
IP Watchdog
JANUARY 4, 2024
On December 8, 2023, provisional agreement was reached between the European Union (EU) Parliament and the EU Council on the basic content of the new AI Regulation (the “AI Act”) to be implemented as legislation in the EU. The text is still not publicly available as it is subject to certain further refinement over the coming weeks.
Whither a Signal-Based Broadcast Treaty?
Kluwer Copyright Blog
APRIL 18, 2024
See Love 2023. No amendment offered in public session. No amendment offered in public session. No amendment offered in public session. Requires “exclusive right of authorizing the retransmission to the public” instead of a signal based protection. See Hugenholtz 2023 Delete Article 6.
Copyright’s Big Win in the First Decided US Artificial Intelligence Case
Velocity of Content
FEBRUARY 26, 2025
This article originally appeared in the Scholarly Kitchen Back in March of 2023, when there were only a handful of cases alleging copyright infringement for training purposes by AI companies, I predicted that we would soon have some guidance from the court in Thomson Reuters Enterprise Center GMBH and West Publishing Corp.
Fair Use 52
52 
Premier League Wins 2-Year Pirate IPTV Blocking Order as Sky Targets Identified
TorrentFreak
AUGUST 7, 2023
With no announcements from Sky or the Premier League, and the associated court orders not yet in the public domain, the scope of the Sky order remains unclear. While that timed out on July 27, 2021, blocking continued during the 2021/2022 and 2022/2023 seasons under the authority of the High Court.
Branding 98
98 
If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP
Technology & Marketing Law Blog
JANUARY 25, 2023
Though the court doesn’t have cross words for the media defendants, this apparently is another example where media publishers treated publicly available photographs as public domain photographs. 2023 WL 266511 (N.D. Case Citation : Shah v. NYP Holdings, Inc., The complaint. –Shah v.
Copyright 124
124 
Evolution of Tests of Creativity in Copyrights
IP and Legal Filings
MAY 3, 2023
For instance, in accordance with this doctrine, the author would be entitled to copyright protection if someone collected different poems that were previously in the public domain and produced in a single document. With the information in the public domain, the Rural Telephone Service issued a phone book. 4] 499 U.S.
Copyright 98
98 
Copyright Laws and Fair Dealing: Analysing the Ongoing Dispute Between Dhanush And Nayanthara
IP and Legal Filings
MARCH 19, 2025
Rahul Dhawan, her lawyer, argued that the disputed clip was part of Nayanthara’s ‘Personal Liberty’ as it was shot on her device and was already circulating in the public domain. In 2023, Vignesh’s manager had requested the title name, which Kumaran had declined.
Announcing the Winners of the 3rd Shamnad Basheer Essay Competition on IP Law!
SpicyIP
NOVEMBER 7, 2022
Looking at the gaps and problems that this creates, the essay then answers its opening question in the negative, and instead suggests that such works are left to the public domain. The essay is available here.
IP 105
105 
Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection
LexBlog IP
SEPTEMBER 28, 2023
21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.
National Mission on Quantum Technologies and Applications (NM-QTA) – III
SpicyIP
JUNE 4, 2023
We are talking about 1 billion investment in R&D in 2023. There may be facts which are not in the public domain. If yes, what can be done to bridge the gap? How can we emerge as a leader in the quantum space? My take is that India is a late entrant in the quantum space. The quantum game is not over yet.
Technology 96
96 
IPKat event announcement: (Re-)discovering the copyright basics – Originality after THJ v Sheridan
The IPKat
FEBRUARY 8, 2024
In late 2023, the Court of Appeal of England and Wales issued its judgment in THJ v Sheridan [2023] EWCA Civ 1354. IPKat copyright event on 14 March: you can attend in person. The judgment in THJ v Sheridan appears to have already had a tangible impact, including on the art and cultural heritage sector.
Copyright 78
78 
Examining Oppositions: Time for a Deeper Look
SpicyIP
JANUARY 18, 2023
Such oppositions also result in IPO refusing applications (on patentability grounds) even when the Opponent has not appeared, e.g. the IPO’s Jan 2023 decision for 3596/CHE/2012 where Ms. Assistant Controller of Patents on 12/Jan/2023 (after the release of the Monograph). Also, not all ‘fronted oppositions’ are “fake”.
SpicyIP Weekly Review (May 8- May 13)
SpicyIP
MAY 15, 2023
Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! on 1 May, 2023 (Delhi High Court Order No.
Trademark 103
103 
SpicyIP Weekly Review (March 20-March 25)
SpicyIP
MARCH 27, 2023
Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. on 6 March, 2023 (Delhi High Court) In this case, the plaintiff, Bennett Coleman & Co.
Designs 104
104 
2023 IP Resolutions Start with a Review of IP Assets
LexBlog IP
JANUARY 12, 2023
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Intellectual property is a company asset, just like inventory.
IP 52
52 
Copyright for AI-generated works: a task for the internal market?
Kluwer Copyright Blog
FEBRUARY 8, 2023
Thus, copyright protection would be suitable if there is an existing or imminent obstacle to trade in the context of AI-generated works and if left in the public domain, the functioning of the internal market would be disturbed. This brings the discussion to the third factor – proportionality stricto sensu.
Marketing 116
116 
SpicyIP Weekly Review (April 10- April 16)
SpicyIP
APRIL 17, 2023
Case: Coolulu Sports Private Limited vs Union Of India on 5 April, 2023 (Karnataka High Court) Image from here The writ petition was filed against the order of the Regional Director, Corporate Affairs directing the petitioner to change its name for being similar to the trademark of the respondent no. 2 (Lulu Mall).
Advertising 105
105 
Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1
Kluwer Copyright Blog
OCTOBER 17, 2023
District Court of Columbia of 18 August 2023, No 22-1564, specifying that ‘human authorship is a bedrock requirement of copyright’. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. Moreover, the Italian Supreme Court, in decision no.
Copyright 125
125 
DC District Court: AI-Created Works Ineligible for Copyright
Patently-O
AUGUST 18, 2023
18, 2023). With the current copyright regime requiring human authorship, however, true machine-created art remains in the public domain. By Dennis Crouch Thaler v. Perlmutter, No. 22-1564 (D.D.C. In their recent decision, Judge Howell ruled that because AI systems lack human authorship, their output is ineligible for copyright.
Copyright 76
76 
Sunday Surprises
The IPKat
DECEMBER 31, 2023
The Art Newspaper has followed up on the ruling and the commentary, speculating on the potential implications thereof concerning the copyright status of digitized images of public domain artworks. The whole editorial is available here. We recommend checking it on a regular basis, to fill your agenda with worthwhile professional events.
Goa Circular on the Unauthorized Use of Sound Recordings During Weddings Hits a Wrong Note!
SpicyIP
AUGUST 29, 2024
A Little Bit of Background The State of Goa issued a Circular on 30th January 2024 (as reported by Herald Goa and reproduced in para 11 page 14 of the decision ) in the light of a previous July 2023 public notice given by the Central government on use of sound recordings during wedding festivities.
Due Diligence 105
105 
Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute
Patently-O
APRIL 20, 2024
Federal Circuit’s 2023 Decision. Clearly, the relevance of the public domain images transcends the particular objects. Petition for Writ of Certiorari, Seirus Innovative Accessories, Inc. Columbia Sportswear N. 23-1052 (U.S. 21, 2024) (question paraphrased). Starr Brothers Bell Co. , 362 (C.C.D.
Lamenting the closure of Book Depository
The IPKat
APRIL 11, 2023
We are sorry to let you know that Book Depository will be closing on 26 April 2023 You can still place orders until midday (12pm BST) on 26 April 2023 and we will continue to deliver your purchases and provide support for any order issues until 23 June 2023. Picture on bottom left is in the public domain.
Business 75
75 
Let's personalize your content