Kluwer Copyright Blog

FEBRUARY 8, 2023

Thus, copyright protection would be suitable if there is an existing or imminent obstacle to trade in the context of AI-generated works and if left in the public domain, the functioning of the internal market would be disturbed. This brings the discussion to the third factor – proportionality stricto sensu.

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IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

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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. Therefore, AI may not equipped for generating an original work. The subordinate work created by the creator should have a few recognizable highlights and flavour.”

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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? By guest blogger Prof.

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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. Photographic works. . To qualify as a photographic work, a photograph must meet the general “creativity” ( creatività ) threshold.

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IP and Legal Filings

SEPTEMBER 12, 2022

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. The picture was released in Public Domain without permission, which is the issue with this.

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IP and Legal Filings

SEPTEMBER 20, 2023

Deluxe Films (1978), to qualify for copyright protection in India, the work must fulfil two essential requirements: Originality and copyrightable subject matter: Copyright subsists in only original literary, dramatic, musical and artistic works and cinematographic films and sound recordings.

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Kluwer Copyright Blog

JUNE 30, 2021

The latter have in the past too often run into difficulties as clearing rights over the (often incidental and documentary) use of third parties’ music or artistic works had turned in an almost impossible task, something comparable to a walk through a minefield. Tales from the Public Domain , “documentaries are records of our culture.

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Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. Copyright and Blogs. It can be used freely by anyone.

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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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Intepat

NOVEMBER 20, 2023

Additional information required encompasses the title of the work, language, author details, publication status, details of the first and subsequent publications, and information about licensees and assignees if applicable. For translated or adapted works, additional details must be filled in.

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IP Whiteboard

JULY 19, 2020

PRO counterclaimed seeking declaratory judgment that the entire OCGA was in the public domain. The Act does not state whether judges or legislators can assert copyright protection over their works. As a result, the Commission sued PRO for infringing its asserted copyright in the annotations of the OCGA.

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Kluwer Copyright Blog

NOVEMBER 6, 2023

This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.” Namely, in works which are computer-generated, the author “shall be taken to be the person by whom the arrangements necessary for the creation of the work.”

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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. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

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IP and Legal Filings

JUNE 27, 2022

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-. Cinematograph films.

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IIPRD

SEPTEMBER 29, 2022

Copyright is a term describing rights given to creators for their literary and artistic works. Definition Of use In It Age, the authors hold exclusive rights in their works for a particular term subject to the right to use work for fair use. Copyright is essentially a right to copy.

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43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. What to do next? Why does she believe it’s hers?

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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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Dear Rich IP Blog

SEPTEMBER 4, 2020

Although most countries have placed the artist's works in the public domain (based on the life+70 years rule), the U.S. A work first published outside the U.S. for 95 years from publication. That puts all of the artist's works published before 1925 in the public domain in the U.S.

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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. The previously copyrighted works enter the public domain, free to use and copy. public domain. where the work was still protected by copyright.

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IPilogue

JANUARY 20, 2022

For North American museums with works still under copyright, the 2017 publication Guidelines for the Use of Copyrighted Materials and Works of Art by Art Museums by the Association of Art Museum Directors will come in handy. However, many of the masterpieces housed by museums are in the public domain.

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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 3 – Reproduction of artworks displayed in a public space and in the public domain.

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Velocity of Content

JUNE 8, 2022

It also does not permit the foundation to impose, even in the UK, any restriction (other than the payment of royalties) on performances of, or creation of derivative works from, the play. And the 1911 content reused in these works may actually be in the public domain already.

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SpicyIP

DECEMBER 16, 2023

The term varied depending on the nature of the work. For literary, dramatic, and musical works, copyright lasted for the lifetime of the author plus 50 years after their death. In the case of photographs and artistic works, the term was 50 years from the date of publication.

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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. But not so fast.

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Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g., paintings, photographs, sculptures), musical works, cinematographic films, sound recordings, computer programs, and many more.

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Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For any works created before 1989 and 1924, use the flowchart below. © Steve Schlackman (1975).

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Art Law Journal

JUNE 30, 2022

At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.

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LexBlog IP

FEBRUARY 28, 2022

The Warhol Foundation argues that what it calls the Second Circuit’s “visual similarity” approach—which focuses on assessing the visual similarities between the two works to the exclusion of assessing their respective meanings or messages—conflicts with the Supreme Court’s instructions in Google and Campbell v. Goldsmith , 11 F.4th

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IIPRD

JUNE 6, 2022

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. Important cases.

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Technology & Marketing Law Blog

JUNE 20, 2023

Applying this standard, the Court held “parody has an obvious claim to transformative value,” because “it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one.” See Wendy Gordon’s seminal article, Fair Use as Market Failure , 82 Columbia L. 1600 (1982). 4th at 50.

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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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Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). Such words and symbols are also less likely to function as a source-identifying mark.

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Intepat

APRIL 4, 2025

Unlike patents or trademarks, copyright protection begins as soon as the artistic work is created, without requiring registration. In India, the Copyright Act, 1957, under Section 2(c) defines the term artistic work. In India, the Copyright Act, 1957, under Section 2(c) defines the term artistic work.

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