Kluwer Copyright Blog

JANUARY 20, 2022

It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. It is the first ever report by YouTube on copyright actions.

Reporting 98

Reporting Copyright Art Copyright Infringement 98

SpicyIP

OCTOBER 3, 2021

A piece in the Indian Express examines the Sci-Hub copyright infringement case at length. The Walt Disney Company filed numerous lawsuits in courts in New York and California seeking to invalidate copyright notices issued by painters and illustrators associated with Marvel characters.

Intellectual Property 121

Intellectual Property Licensing Music Copyright 121

Dear Rich IP Blog

MARCH 15, 2023

The magazine itself was copyrighted, but the ads do not contain any copyright markings, so my understanding is that the ads would have entered into the public domain. It's true that the 1976 Copyright Act expressly requires that advertisements in magazines have separate copyright notices. 3 of the 1909 Act.)

Public Domain 52

Public Domain Copyright Copyright Notice Advertising 52

IP and Legal Filings

MAY 3, 2024

Copyright protection applies to many creative works, including literature, music, art, film and software. In many countries, including the United States, inventors receive copyright protection for their creations. It is fixed in a concrete form, such as written or recorded.

Fair Use 105

Fair Use Copyright Privacy Copying 105

Patently-O

FEBRUARY 8, 2024

The case shows that documents with quite limited distribution, such as operating manuals sent to ~10 customers, may still meet the public accessibility standard for prior art depending on the circumstances of disclosure and expectations around further dissemination. The scope and content of the prior art is a question of fact.

Confidentiality 59

Confidentiality Art Copyright Notice Technology 59

Dear Rich IP Blog

SEPTEMBER 16, 2020

Publicity photos published after 1924 were rarely renewed (a requirement for works published before 1964) and they often did not include a copyright notice (a requirement for works published before March 1989). Any published photos pre-dating 1925 are automatically public domain (although Brooks' career didn't begin until 1925).

Public Domain 52

Public Domain Graphic Design Art Trademark 52

LexBlog IP

SEPTEMBER 30, 2022

Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law. The lack of a copyright notice does not give you permission to use the work.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Copyright Lately

JANUARY 16, 2022

McFarlane case that notes that the content of a comic book is typically the joint work of four artists—the writer, the penciler who creates the art work, the inker who makes a black and white plate of the art work, and the colorist who colors it. The copyright notice for Invincible #1 is in the names of Robert Kirkman and Cory Walker.

Ownership 70

Ownership Television Copyright Copyright Notice 70

Kluwer Copyright Blog

JANUARY 16, 2024

Digital Millennium Copyright Act (‘DMCA’) – Removal of Copyright Management Information (17 U.S.C.

Derivative Work 135

Derivative Work Copyright Infringement Copying Copyright 135

LexBlog IP

JUNE 7, 2023

3:23-cv-00201) on behalf of three named artists against Midjourney, Stability AI and DeviantArt, each of which companies have developed AI-based art generators whose models were allegedly trained on billions of images scraped from the Internet without the permission of the copyright holder. Stability AI Ltd. et al , No.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

Velocity of Content

DECEMBER 6, 2023

And, as reinforced by the recent Supreme Court decision in Andy Warhol Foundation for the Visual Arts, Inc. There is good reason that copyright is an “opt in” regime. Some AI developers have gathered content by routinely ignoring flags, copyright notices and metadata. Acuff-Rose Music, Inc., Goldsmith, 598 U.S.

Copyright 98

Copyright Fair Use Licensing Copying 98

LexBlog IP

FEBRUARY 14, 2024

Stability AI , which involved analogous claims related to visual art instead of written works. This week’s ruling in the Tremblay / Silverman / Chabon cases—which the court intends to consolidate into a single case moving forward—echoes a similar ruling in Anderson v.

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

Technology & Marketing Law Blog

MARCH 7, 2022

Before the 1909 Act, the author was required to register the title of the work before publication, as a condition of receiving copyright protection. Under the 1909 Act, an author received a federal statutory copyright merely by publishing the work with proper copyright notice.

Registration 98

Registration Blogging Copyright Design 98

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. That’s understandable. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

The IPKat

OCTOBER 14, 2024

The fact that the exception of incidental works in Art. The existence and the conditions of exceptions to copyright protection are distinct from the question whether a right holder consents implicitly to the use of the work. The judges found these principles to be in line with Art. 2(a) and Art. 3(1) InfoSoc Directive.

Copyright 121

Copyright Copyright Notice Art Licensing 121