IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

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).

Music 130

Music Art Copyright Related Rights 130

Copyright Lately

FEBRUARY 17, 2025

Those were some of the phrases legal commentators used to describe Andy Warhol Foundation for the Visual Arts v. A copy of something in the public domain can’t support a copyright unless it contains a distinguishable variation that reflects independent creativity. Highly fact-specific. Narrowly decided.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

Kluwer Copyright Blog

JUNE 19, 2023

Licensing A more common approach for NFT creators and IP rights owners is to implement an NFT license agreement coded into a smart contract or specified in the online marketplace’s terms and conditions ( the middle-ground approach ).

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

SEPTEMBER 24, 2024

The Anne Frank Copyright Battle While early versions are presumably in the public domain in several countries, the original manuscripts are protected by copyright in the Netherlands until 2037. Around the world, publishers and streaming services use geo-blocking as the standard measure to enforce geographical licenses.

Copyright 123

Copyright Publishing Art Copying 123

IPilogue

JULY 12, 2021

Not only did the Supreme Court of Canada hear the much-anticipated York University v Access Copyright appeal, an important case on the nature of copyright collective licensing and educational fair dealing, but it was also the Honourable Rosalie Silberman Abella’s final hearing as a Supreme Court Justice. v Teranet Inc.

Copyright Law 119

Copyright Law Copyright Law Music 119

Kluwer Copyright Blog

MAY 3, 2022

The aim of the conference is to critically discuss the state of the art and evolution of copyright flexibilities in Europe, particularly in light of the most recent interventions of the EU legislators and landmark decisions of the Court of Justice of the EU. copyright and the public domain. copyright internal limits.

Copyright 98

Copyright Intellectual Property Law Public Domain Intellectual Property 98

43(B)log

OCTOBER 9, 2023

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. When the information about the prior art came in, the court granted summary judgment in favor of Cap Export in the patent case and invalidated the patent.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

The IPKat

MAY 20, 2022

Cats are well acquainted with the art of trolling already… Did you know that there is now an emoji for all of your IP needs? The image is licensed under the Creative Commons Attribution 2.0 Emoji image is from Unicode, Unicode Character ‘TROLL’ (U + 1F9CC), and is in the public domain. Generic licence.

Social Media 81

Social Media IP Public Domain Art 81

Kashishipr

APRIL 20, 2022

In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. Furthermore, since trade secrets aren’t disclosed publicly, they do not provide ‘defensive protection’ for being prior art, which exists in the case of patents.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

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.

Copyright 125

Copyright Art Copyright Law Licensing 125

SpicyIP

SEPTEMBER 5, 2022

Moderna was one such company that was granted a compulsory license. Easy for Moderna to now push for ‘licensing and not abrogating patents’. As reported , these patents have been licensed to both Moderna and BioNTech. Others argue that some of Moderna’s patent claims are over-broad and may be weakened due to prior art.

Litigation 137

Litigation Patent Technology Ownership 137

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 40

Fair Use Art Licensing Derivative Work 40

Plagiarism Today

FEBRUARY 6, 2024

When you're looking for images on a specific topic, Wikimedia Commons can be a godsend. Here's how to use it correct and safely. The post How to Use Wikimedia Commons for Free & Legal Images appeared first on Plagiarism Today.

Plagiarism 299

Plagiarism Public Domain Art Licensing 299

Velocity of Content

JUNE 11, 2024

English Language Arts (ELA) standards aren’t just about the importance of reading comprehension and developing communication skills. Ensuring copyright compliance becomes an additional task for teachers, and despite all that the public domain, OER, and the Creative Commons License have to offer, it’s not enough.

Licensing 97

Licensing Copyright Public Domain Blogging 97

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Now the Warhol Foundation has petitioned the United States Supreme Court for review of the Second Circuit’s amended decision. [6] He did just that. 1183 (2021).

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IIPRD

MARCH 5, 2025

Copyright Office (AI-Generated Art) In 2023, Dr. Stephen Thaler, the author of an AI system named “Creativity Machine,” applied for a copyright for an art piece produced by the AI. Sources should be disclosed by the programmers of the training data and obtain suitable licenses where needed. However, the U.S.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Kluwer Copyright Blog

JUNE 1, 2023

In this regard, a clear reflection on the preservation and legal protection of the public domain against undue appropriations seems necessary. sub c Satellite Directive 1993; Art. 3 Portability Regulation 2017; Art. 3 Directive 2019/789; Art. DSM Directive. [4]

Copyright Law 116

Copyright Law Copyright Law Art 116

The IPKat

NOVEMBER 14, 2022

a public domain work) does not preclude at the outset that it could be also regarded as a badge of origin and, as a result, be protected as a trade mark. Comment How can the decision of the Board be considered if not a display of common sense (as well as correct application of relevant legal provisions)?

Artwork 124

Artwork Copyright Registration Public Domain 124

The IPKat

APRIL 30, 2024

Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain. And in a world brimming with trademarks, what is the ultimate purpose of the public domain? Is the overlap of different IP regimes genuinely problematic?

Reporting 64

Reporting Copyright Public Domain Law 64

SpicyIP

MARCH 27, 2023

Case Summaries Delhi High Court clarifies that an improvement to the combination of prior art is patentable. The respondent had rejected the application holding that the same does not meet the requirements of Section 2(1)(j) as the subject invention constitutes the elements of prior art(s) D2 with elements of D1 and D3.

Designs 105

Designs Design Cease and Desist Art 105

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. Significant amounts of content are also available through the public domain. To what extent are copyrighted works licensed from copyright owners for use as training materials? ROSS Intelligence Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

Kluwer Copyright Blog

FEBRUARY 8, 2023

In many computational creativity projects in the fields of art , journalism and music , the heavy reliance on AI stretches the causation bond between the human author and the final creative output to breaking point. Consequently, it is not clear whether copyright protection would still subsist in many of these newly emerged works.

Marketing 116

Marketing Marketing Copyright Copyright Law 116

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. On the other hand, given that these artworks have already fallen in the public domain, in such a scenario there is no room for copyright to apply. Second, Art. Yet, this work of art is not located in a museum but en plein air.

Artwork 59

Artwork Public Domain Art Copyright 59

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. More information and application details can be found here.

Intellectual Property 72

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 72

Velocity of Content

JUNE 8, 2022

Having obtained film animation rights — a relatively new licensing concept at the time, but one which Disney Studios began frequently exploiting from the 1930’s on – Walt Disney and his studio release the famous animated film. And the 1911 content reused in these works may actually be in the public domain already.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Therefore, AI may not equipped for generating an original work. Hence, ownership is not granted to the AI.

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

Kluwer Copyright Blog

FEBRUARY 22, 2022

This ambition, and the resulting huge body of work (over 850 studies), inspired us to think about new ways to interpret this empirical literature, and to offer a state-of-the-art overview of the evidence on how copyright works in society. Public Domain. Creative Industries. 17 of the CDSM Directive.

Copyright 52

Copyright Public Domain Marketing Marketing 52

IP and Legal Filings

SEPTEMBER 20, 2023

They sued the Defendants for violating the licensing agreements signed between them, by conducting courses, issuing certificates, and selling materials about Pranic Healing without the authorisation of the Plaintiffs. The Plaintiffs claimed that they hold intellectual property rights in the Pranic Healing Techniques. of India, L.P.

Copyright 98

Copyright Copyright Law Invention Public Domain 98

Kluwer Copyright Blog

DECEMBER 7, 2022

Copyright exceptions and limitations that may have an impact on AR are contained in Art. Should it be confirmed that these copies are copyright-protected reproductions, the exception under Art. 5(3)(d) InfoSoc Directive for quotations : the clause applies to bodies that manage cultural goods and to the works of art they collect.

Copyright 59

Copyright Art Public Domain Copying 59

Technology & Marketing Law Blog

JUNE 20, 2023

Andy Warhol Foundation for the Visual Arts, Inc. Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. Condé Nast paid $400 for the license, which specified “No other usage right granted.” Goldsmith , No. 21-869 (May 18, 2023). Figure 1, Slip op.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

This technological breakthrough has taken the art and tech world by storm. Any kind of digital works and physical objects that can be represented in a digital format such as a photo, video or art can be made into a NFT. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

This technological breakthrough has taken the art and tech world by storm. Any kind of digital works and physical objects that can be represented in a digital format such as a photo, video or art can be made into a NFT. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Intepat

MAY 4, 2023

After the period of protection, the inventions and information surrounding it fall into the public domain. Apart from this, the public disclosure at the time of application allows others to build upon this preexisting knowledge. Parallelly, competition law works in tandem and “protects competition, not competitors.”

Law 52

Law Patent Settlement Inventor 52

Kluwer Copyright Blog

MAY 16, 2023

The introductory sections (1 and 2) sketch the state of the art, research questions, objectives and expected outcomes of the research, outlining its structure and workflow, methodology and selection criteria. Section 3 maps public regulatory sources across EU. The report is structured in 6 parts. private study, e-lending).

Reporting 52

Reporting Copyright Public Domain Editing 52

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3. Proposal 5. Proposal 6. Proposal 12.

Database Right 52

Database Right Licensing Public Domain Artwork 52