Kluwer Copyright Blog

MAY 11, 2023

Text and data mining The first among these changes concerns, in Part 2 of the Regulations, the introduction of a text and data mining exception for purposes of non-commercial research into the Copyright and Related Rights Act (CRRA) 2000 (cf. The exception is broadly similar to that contained in Article 3 of the Directive.

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Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

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Copyright Copyright Law Business Intellectual Property 124

Technology & Marketing Law Blog

JULY 19, 2021

Judge McKeown dissented, finding that only those who had their flagged credit reports actually disseminated by TransUnion had Article III standing. Defamation is a well-worn tort at common law, and the dissemination of false information in a credit report is closely analogous to defamation. Eric’s Comments.

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Privacy Reporting Copyright Business 138

Velocity of Content

JANUARY 7, 2025

The following is an excerpt from the article The Heart of the Matter: Copyright, AI Training, and LLMs, authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. See supra Part IV [ read full article here ]. See supra note 56, at 231-56 [ read full article here ].

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Kluwer Copyright Blog

APRIL 20, 2022

In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Article 17(7)), and any other non-infringing use. With all the delays in the legislative process, the question then is whether Sweden has failed to implement Article 17 on time. 298-299).

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Copyright Intellectual Property Law Public Domain Copyright Law 59

Michael Geist

FEBRUARY 24, 2023

Bill C-18 presents Google and Facebook with a choice: pay hundreds of millions of dollars primarily to Canadian broadcasters for links to news articles or stop linking. But even if there was, the idea that the government and broadcasters are looking to profit from weak Canadian privacy laws isn’t something to brag about.

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Government Journalism Privacy Advertising 145

TorrentFreak

NOVEMBER 18, 2022

“We deliberately violate the copyright law in most countries. They only increased the team’s motivation to go full steam ahead, while being mindful of their privacy. The privacy angle is a topic that has become very relevant this week. The goal of the team is to preserve as much written material as possible.

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Privacy Copyright Law Copying Law 145

Copyright Lately

OCTOBER 6, 2024

That’s because copyright law poses significant hurdles when it comes to real-life stories, and the line between fact and fiction isn’t always as clear-cut as it may seem. Case in point is the recent lawsuit over the magazine article that inspired the film Top Gun.

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Art Copyright Copying Copyright Law 127

Velocity of Content

NOVEMBER 4, 2024

According to the survey, 52% of respondents consider IP infringement a relevant risk, ranking it above other critical issues such as cybersecurity, personal/individual privacy, regulatory compliance, explainability, and equity and fairness. Stay Informed: Keep up with developments in AI copyright law and licensing options.

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Licensing Copyright Business Reporting 52

IP and Legal Filings

NOVEMBER 23, 2023

Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i] iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit.

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Intellectual Property Privacy Brands Branding 105

Velocity of Content

JANUARY 25, 2024

This article originally appeared in IPWatchdog and is re-published with permission. “Is Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?”

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Copyright Copyright Law Copyright Infringement Government 98

IP and Legal Filings

OCTOBER 28, 2022

privacy policy; and. Provisions of intellectual property law will be applicable to NFTs. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

TorrentFreak

JULY 8, 2024

criminal crackdown, to ensure continued availability of ‘free’ books and articles to the broader public. “Therefore, the public interest will be served by an injunction that curtails the continuing harm from Anna’s Archive’s flagrant disregard for the law,” OCLC adds. Anna’s Archive switched to a.GS

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Publishing Privacy Contracts Copyright Law 142

SpicyIP

FEBRUARY 9, 2023

The Court framed these rules as per Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) and Article 227 of the Constitution of India. Access to law/legal proceedings: – The right to access justice, which is guaranteed under Article 21 of the Constitution, also encompasses the right to access live court proceedings.

Copyright 136

Copyright Government Law Editing 136

Kluwer Copyright Blog

MAY 1, 2024

Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin. The proposed Design Directive and Regulation maintain the cumulation principle, aligning with CJEU case law on originality. Any limitation must be clearly defined by law.

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Copyright Art Designs Design 72

IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] It receives the full set of rights under copyright law, just like literary, dramatic, or artistic work”. Beyond copyright, data privacy raises its head.

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Music Copyright Ownership Copyright Law 103

Kluwer Copyright Blog

MAY 22, 2023

On April 11th, the Cyberspace Administration of China released a draft of the Regulation for Generative Artificial Intelligence Services (the ‘draft Regulation’) for public consultation, which includes 21 articles detailing the proposed regulatory framework for the generative AI industry.

Licensing 98

Licensing IP Copyright Reporting 98

SpicyIP

AUGUST 28, 2022

Likewise, the Wiley Eastern case justified Section 52 for the protection of Article 19(a) i.e. right to free speech of the Indian Constitution. But since such a positive duty would intrude into the other interests of copyright holders or/and authors such as privacy, trade, speech, etc., create works and make them available).

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IP Copyright Fair Use Public Domain 138

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc. A special note about customer data.

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IP Intellectual Property Social Media Cease and Desist 98

Kluwer Copyright Blog

JUNE 2, 2024

OpenAI’s vision for a fair AI ecosystem The ADAI mentions copyright only in passing, but it is fairly obvious that the desire to ‘deal’ with pending copyright infringement claims (largely in the US) lies at the core of this ambitious statement. Again, the resemblances to Article 17 CDSM Directive are glaring.

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Contracts Copyright Publishing Business 84

IP and Legal Filings

JUNE 29, 2024

However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1291 (Gorsuch, J., concurring). Or never tried?

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Fair Use Licensing Art Music 105

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

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Copyright Government Copyright Law Reporting 75

Kluwer Copyright Blog

AUGUST 25, 2021

It held that uploading (including automatic uploading) of pieces of a file containing a protected work on peer-to-peer (P2P) networks infringes the making available right under article 3(1) and (2) of the InfoSoc Directive when a user actively chooses to use sharing software after having been duly informed of its characteristics.

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Intellectual Property IP Privacy Law 105

The IPKat

FEBRUARY 21, 2022

pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 69

Intellectual Property Moral Rights Registration Editing 69

Kluwer Copyright Blog

APRIL 18, 2024

There is such a provision in current Article 10, mandating prohibitions of signal piracy in any regulatory framework. But Articles 6-9 promote exclusive rights. 3] The current chair’s draft contains a national treatment clause (article 5.2) See Hugenholtz 2023 Delete Article 6. Delete Article 7.

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Public Domain Contracts Copyright Licensing 69

Kluwer Copyright Blog

JULY 29, 2024

Photo by ThisisEngineering on Unsplash In November 2024, the CJEU cast light on the right to fair compensation under the private copying exception harmonised by Article 5(2)(b) InfoSoc Directive and the thorny issue of whether broadcasters are entitled to it. This post considers this judgment.

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Copying Copyright Law Editing 78

Intepat

JANUARY 25, 2024

A key player in this arena is Digital Rights Management (DRM), a technological solution designed to prevent unauthorized redistribution of digital media and uphold the copyright policies of streaming platforms. It also explores forensic watermarking, an essential component of DRM, crucial for identifying and curbing copyright violations.

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Technology Copyright Fair Use Intellectual Property 52

IIPRD

JANUARY 28, 2023

It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy. In the case of electronic information, it is difficult to judge “fair use,” gain access to, and maintain control over the infringement of copyright law.

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Privacy Government Intellectual Property Fair Use 52

Kluwer Copyright Blog

MAY 28, 2024

Furthermore, the AI Law Proposal introduces some dedicated provisions on copyright and media-related matters, which are the focus of this post. AI Law Proposal and provisions relevant for copyright In Article 24 of the AI Law Proposal, amendments are proposed to Article 1 of the Italian Copyright Law ( Law 22 April 1941, n.

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Law Copyright Art Government 53

LexBlog IP

JULY 14, 2023

There is also the issue of trademark infringement, copyright infringement, defamation, data privacy, and other legal issues. This CNBC article reveals that OpenAI, the mastermind behind ChatGPT, is now in the Federal Trade Commission ‘s (FTC) crosshairs. The article also points out a growing divide.

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Litigation Technology Privacy Copyright Infringement 52

Traverse Legal Blog

JULY 14, 2023

There is also the issue of trademark infringement, copyright infringement, defamation, data privacy, and other legal issues. This CNBC article reveals that OpenAI, the mastermind behind ChatGPT, is now in the Federal Trade Commission ‘s (FTC) crosshairs. The article also points out a growing divide.

Litigation 52

Litigation Privacy Technology Copyright Infringement 52

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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Blogging Copyright Contracts Cease and Desist 98

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S.

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Copyright Fair Use Copyright Law Editing 59

SpicyIP

APRIL 16, 2022

Vallianeth wrote , “ From the films we watch to the music we listen to, from the books we read to sometimes even the academic articles we study – plagiarism is fairly rampant.” liability, if any, under copyright law, 2.) liability, if any, under any other law or regulation. (??UGC’s And as Thomas J.

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IP and Legal Filings

AUGUST 19, 2022

Sui generis protection does not exist in India because the government believes that the Copyright Act’s current level of protection is adequate and that a need for further protection has not yet arisen. The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things.

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Copyright Database Right Privacy Technology 52

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

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Blogging Law IP Copyright 69