Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. Simple photographs.

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Copyright Related Rights Artistic Work Public Domain 55

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g.,

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Copyright Lately

AUGUST 2, 2022

Frankly, if Barlow & Bear’s work doesn’t infringe Netflix’s exclusive right to create derivative works under copyright law, I’m not sure what would. ” This principle serves the legitimate goals of copyright law, but for the fan community, it’s really grounded in common sense.

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Plagiarism Today

JANUARY 3, 2022

3: Copyright and the Takings Clause. One of the more confusing areas of copyright law in the United States is how it impacts states. Under the current law, all copyright matters are federal. 5: The Public Domain Expands. Finally, with the new year comes new works that lapse into the public domain.

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IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

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43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. Looked at leg history and cases cited by Feist.

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LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.”

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IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

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Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

MAY 17, 2023

among others, temporary reproduction, some lawful uses, private copy/reprography, private study, illustration for teaching and research), which are either classified or labelled differently in different Member States, or are qualified as acts outside the scope of copyright instead of L&Es. Private copy and reprography.

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SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Critics of press publisher right argue that copyright is awarded to incentivize creativity by rewarding exclusivity.

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Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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SpicyIP

JULY 3, 2022

Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating from script to screen. Disclaimer: Though the authors principally deal with copyright and music related matters, the thoughts and opinions expressed in this Article are personal.

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LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” ’” Id. at 9 ( quoting Compulife Software Inc.

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43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Thus, this claim “does not seek to vindicate any substantial state interests distinct from those furthered by the copyright law” and was preempted by the Copyright Act.

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Kluwer Copyright Blog

APRIL 28, 2022

Judge-rapporteur Marko Ilešic delivering the judgment in Case C-401/19 (Copyright European Union via Europe by Satellite – [link] ). Article 17 is here to stay, but most national implementations fail to meet the fundamental rights standards developed by the Court in its judgment.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”?

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