Michael Geist

JULY 20, 2022

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. Some have adopted wording similar to that in art.

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Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership.

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SpicyIP

OCTOBER 9, 2022

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”). As he explains, this interpretation is incorrect.

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The IPKat

AUGUST 24, 2021

This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law and co-directs the Art, Business and Law LLM developed with the Centre for Commercial Law Studies at Queen Mary University of London.

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IP and Legal Filings

JANUARY 27, 2025

Indirect Infringement Risks: Although the AI itself may not recreate protected works, outputs may well be significantly similar to copyrighted material. For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement.

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Intellectual Property Design Designs Licensing 101

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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The IP Law Blog

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

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TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example.

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SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP.

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Traverse Legal Blog

JANUARY 29, 2022

One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. “These platforms are not providing any license language for the actual asset attached to the NFT.

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IPilogue

MARCH 2, 2023

Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc. Copyright protection over tattoos has been a hot topic for some time.

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The IPKat

APRIL 7, 2025

Background The plaintiff produces clothing and owns the copyright to photographs of such clothing. The German-based defendant used to hold a licensee to these photographs but terminated the license agreement. German law had to be applied by virtue of Art. 3 Brussels I (now Art. 63(1) Brussels I recast ).

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Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. For almost as long as the blockchain has existed, supporters and advocates of it have claimed it would revolutionize the way we consume art, handle copyright disputes and earn revenue from artistic works.

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Copyright Non-Fungible Tokens Technology Plagiarism 279

JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

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Intepat

DECEMBER 5, 2024

Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds. For instance, who holds the copyright to a virtual item collaboratively created by multiple avatars?

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Copyright Non-Fungible Tokens Ownership Intellectual Property 52

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. While art. 7(1), CDSM), art. While art.

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Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. You can read a first take on the copyright relevant provisions here. Photo by Markus Spiske on Unsplash Dear readers, Happy new year!

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Velocity of Content

DECEMBER 4, 2024

This has been a long-standing question in copyright law. Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. An amendment to the copyright statute is only one of them. obligation under Art. 17 U.S.C. §

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Kluwer Copyright Blog

OCTOBER 18, 2023

Image from DALL-E 3 Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. In the EU, Art. The payment is integrated into a levy that is imposed on the cost of a physical medium or a device which allows the user to duplicate copyright protected works.

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Kluwer Copyright Blog

JUNE 30, 2021

107, as the film provides commentary on the art of burlesque. Take as an example the documentary makers who have tried to use the iconic “I have a dream” speech by Martin Luther King and have been prevented from doing so because of his Estate’s aggressive licensing and enforcement strategy. by Tito Rendas. € by Martin Senftleben. €

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IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. An NFT seller must hold a copyright in the image associated with the NFT they are selling.

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. Stay tuned!

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Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. licenses for specific uses). For example, art.

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Kluwer Copyright Blog

APRIL 2, 2025

Ms Alalkkl already plans to leave New Zealand as a result, which is an understandable decision but one which deprives New Zealand of another source of high-quality art. More broadly, this decision should make creators with copyright in New Zealand cautious about how their relationship status may impact their creative careers.

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The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). 17 (4), b).

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Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. AG Saugmandsgaard Øe suggests that Art. 17 is in principle compatible with the freedom of expression and information guaranteed in Art.

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The IPKat

SEPTEMBER 17, 2023

Here’s what Lokesh writes: Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international copyright law? This can include the provisions in copyright laws of countries that can arguably be used for public emergencies. 28 of 2014 ), the Dominican Republic (Article 48 of Law No.

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Copyright Law Copyright Law Intellectual Property 83

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

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Copyright Intellectual Property Derivative Work Copying 98

Plagiarism Today

AUGUST 9, 2021

It’s a fairly unique story in plagiarism and highlights the complexities of dealing with plagiarism when the intersection with copyright law is less-than-seamless. As we’ve discussed in the past , fan fiction and fan art is a very messy scene from a legal perspective. However, this case is a very fascinating one.

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Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. Copyright identifies the author or artist who owns the “Work” (i.e. art, photograph, video, NFT asset). The art inside the gallery is protected by COpyright law.

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Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Without this, fanfiction could technically violate copyright laws.

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Intellectual Property Copyright Law Copyright Law 52

IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Sources should be disclosed by the programmers of the training data and obtain suitable licenses where needed.

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The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach.

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Kluwer Copyright Blog

SEPTEMBER 26, 2022

This is not the first time that readers of the Kluwer Copyright Blog will have read about either the CDSM Directive or the reCreating Europe project. Second, we also spotted certain effects that stemmed from the structure and business logic of the services, as well as the public laws of the European Union. Conclusion.

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TorrentFreak

APRIL 23, 2024

The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. Among other things, IA argued that its lending activity causes no financial harm is substantially different from the ebook licensing market.

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Kluwer Copyright Blog

DECEMBER 21, 2023

Photo by 5477687 via Pixabay Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. One of these common aspects is the requirement of lawful access. At least in the case of Art. 3 to an ineffective provision.

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Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. Firstly, the amendment 399 to Art.

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