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.

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Intepat

DECEMBER 18, 2024

Visual Elements: Podcast cover art, promotional graphics, logos , and any visual branding elements that accompany the podcast. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use. The key aspects of a podcast that are covered by copyright include: 1.Music:

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Copyright Lately

MAY 13, 2022

That’s why the 1925 novel “The Great Gatsby” didn’t enter the public domain until 2021. But Hawley’s bill has nothing to do with forcing that 1928 short film into the public domain. It wasn’t a Disney work. Neither is 1948’s The Babe Ruth Story.

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Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. This provides the advantage of making the encounter between visitors and the art in museums or sites more lively, complete and informative. i) Public domain works. ii) Copyright protected works.

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Biswajit Sarkar Copyright Blog

MARCH 6, 2024

What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. and Klebsiella sp.,

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The IPKat

APRIL 8, 2023

The Authority considers that the alleged abuse of economic dependence could have a significant impact on the protection of market competition and harm consumers. It could test the applicability of Art. It could test the applicability of Art. The use of copyright content by OCSSPs The implementation and nature of Art.

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Larson & Larson

FEBRUARY 13, 2021

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.

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Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.”

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The IPKat

JULY 30, 2023

This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Part I, “Artificial Intelligence, Art and Copyright”, offers its readers a general overview of how AI affects cultural and creative sectors.

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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. The letter is available here and its contents are reproduced below.

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Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Visual art is made by harnessing and curating forces outside our control. This is true of a painter splashing paint on a canvas for an abstract art piece, but even photography captures a chaotic scene. What is to Come for AI Art?

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). Firstly, the amendment 399 to Art. UDHR, and 15.1

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Kashishipr

MAY 25, 2022

Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention.

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Patently-O

AUGUST 10, 2021

The article’s thesis: [Sometimes] patents create incentives to bring a product to market in a way that is relatively harmful to consumers, and the existence of a patent (and the associated rents) discourages the patentee from taking steps to improve the product so as to prevent the adverse health outcomes.

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IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. These advantages can be made profitable for the owner.

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Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

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IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

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Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Hence, the ECL allocates right holders a wide bundle of exclusive rights (art. 147 ECL) and moral rights (art.

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SpicyIP

SEPTEMBER 5, 2022

Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Others argue that some of Moderna’s patent claims are over-broad and may be weakened due to prior art.

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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?

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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. Evidence is contested and in short supply.

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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.

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The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

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Greenspoon Marder LLP

MARCH 27, 2018

Sometimes the works in question are reproduced on clothing, other times the works are featured in advertising and marketing campaigns. Rime asserted Vince Camuto exploited his work, brand and persona by using his art as a centerpiece in the ad campaign.

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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.

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Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. After the period of protection, the inventions and information surrounding it fall into the public domain.

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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.

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Kluwer Copyright Blog

DECEMBER 11, 2023

Here the final version is a clear improvement over the original Parliament text as it no longer suggests that model providers need to distinguish between copyright-protected and public domain training materials and then apply different transparency standards to both, which would be unworkable.

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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).

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Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

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43(B)log

AUGUST 4, 2023

Questions about whether creators would agree—Lynn Goldsmith objects to Warhol’s use; maybe that’s an effect of being an unusual use compared to how photographers usually see their works adapted in art. Institutional precarity: Declining trust in markets, not in IP law. That’s the domain of other kinds of laws, like antitrust.

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Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Our current AI-related offerings are focused on the corporate, research, academic and education markets. The courts will also look very closely at market harm under the fourth factor. As stated by the Supreme Court in Campbell v.

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Kluwer Copyright Blog

MARCH 8, 2023

Among other modifications, special attention should be given to the enactment of the new Art. 51B, which transposes the much-debated Art. 2121/1993 on “Related Rights”, just after Art. 2121/1993 on “Related Rights”, just after Art. On the contrary, but in compliance with Recital 58 in fine , Art. 15 of the CDSMD.

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SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

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The IPKat

SEPTEMBER 4, 2024

Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. AGA Rangemaster Group Limited (AGA) objected to the sales and marketing activities of a company, which sold second-hand AGA cookers retrofitted with an electronic control system. 3(1)(g) TMD2 to the CJEU. 191 RoP GC.

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Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs that do not meet the abovementioned creativity threshold do not automatically fall in the public domain, but are protected by a related right as simple photographs. By contrast, the author of a simple photograph is not granted any moral right. Photographs of mere documentation. by Alexander Puutio. € by Edward J.

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Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. Today, Italian law, following the implementation of Art.

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