Kluwer Copyright Blog

FEBRUARY 8, 2023

Photo by Antoine Schibler on Unsplash Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits ( here and here ). One important question has been whether copyright law should be extended in order to protect such works.

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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Yet the Act does not define what “original” clearly means.

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IP and Legal Filings

SEPTEMBER 20, 2023

This uncertainty raises the question as to whetherYoga Asanas be copyrighted?Through Yoga poses and copyrightability The question of the copyrightability of Yoga Asanas has two aspects- the copyrightability of a new Asana and the copyrightability of a new type/ sequence of Yoga Asanas.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Google, Inc.

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Kluwer Copyright Blog

DECEMBER 20, 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. For instance, copyright protection has been denied to photographs taken by paparazzi and photographs of sport events.

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IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. These creations are regarded as artistic.

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Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? Oscar Wilde No.

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IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. They gain from this information to create another piece of work, settling on free choices all through the cycle to figure out what the work resembles [2].

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Intepat

NOVEMBER 20, 2023

Intellectual property stands as a tribute to such endeavors, with copyright emerging as a unique category within this realm. Copyright, defined as the exclusive right granted to the creator for their intellectual labor, holds significance in the legal domain. What is Registered Copyright?

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IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Image source:Gettyimages]. Within the case of CIT v.

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Kashishipr

MAY 25, 2021

Copyright and Blogs. Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. However, the content must reflect an expression of something since ideas are not governed under copyright. Therefore, it is always an option to copyright the entire blog.

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IP Whiteboard

JULY 19, 2020

The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. This doctrine has been applied in the United States to ensure that judges, who possess the authority to interpret the law, cannot assert copyright protection over works created in their judicial capacity.

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Kluwer Copyright Blog

NOVEMBER 6, 2023

Copyright Office’s Review Board, found that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. jurisprudence embraces the distinction between works which are computer -aided and computer-assisted. In this way, the U.S.

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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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IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Copyright gives protection to expressions only and not to ideas. Broad classification of ‘works’ which are protected by copyright are-.

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IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. Software and text-based HTML code used on websites may be protected by copyrights or patents.

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IPilogue

JANUARY 17, 2022

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. January 1 st marks the expiration of most jurisdictions’ copyright terms. The previously copyrighted works enter the public domain, free to use and copy.

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Dear Rich IP Blog

SEPTEMBER 4, 2020

The artist died over 70 years ago, and in Britain and Europe, his works are out of copyright. there's a copyright extension on the works. If I, the British author, am getting images from European suppliers, for my American-published book, do I have to pay for copyright clearance? But in the U.S.,

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IPilogue

JANUARY 20, 2022

Brankov explains that museums can ensure compliance with copyright legislation while protecting against the risk of liability resulting from third-party actions by providing an appropriate “terms of use” section on their website. However, many of the masterpieces housed by museums are in the public domain.

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SpicyIP

DECEMBER 16, 2023

Discussing the history of the term of copyright and translation rights in Independent India by sifting through the Parliamentary Debates, we are pleased to bring you this three part post by Prachi Mathur. In this two-part blog, I will be analysing the historical debates and developments of the terms of copyright.

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Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright Registration in India ensures legal protection to the creators of original works. Copyright is a kind of intellectual property right which grants exclusive rights to the creator of the original work. In India, the protection of copyright is governed by the Copyright Act, 1957.

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Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Confused yet? Just wait.].

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Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

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Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. We have an artwork, displayed in a museum and which is in the public domain. Scenario 2 – Reproduction of artworks located in a cultural institution/museum and covered by copyright.

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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] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

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Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

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LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Copyright terms have been on a steady upward march.

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Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright?

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Intellectual Property IP Invention Designs 52

IIPRD

JUNE 6, 2022

Copyright Act, 1957. Copyright can be utilized to protect the artistic expressions of Traditional Knowledgeholders, including indigenous and migrant artists, against unauthorized development and exploitation. The holder of the copyright is permitted to carry out any of the actions stated in Section 14.

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Barry Sookman

MAY 4, 2020

The goals of patent law are generally recognized as seeking to foster and reward invention; promote disclosure of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires; and to assure that ideas in the public domain remain there for the free use of the public.

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Intepat

APRIL 4, 2025

Intellectual property rights are crucial for protecting artists rights in their artwork. Copyrights safeguard creative work from unauthorised reproduction, replication and sale. Unlike patents or trademarks, copyright protection begins as soon as the artistic work is created, without requiring registration.

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