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. Photographic works.

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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. right to copyright will exist.

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Kluwer Copyright Blog

JUNE 30, 2021

On the contrary, in Brown v Netflix the Court’s finding of transformativeness appears to focus on how the documentary intends to transmit the critical (and modified) artistic message – and not on the way the third party’s work is objectively perceived by the public.

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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

It represents an intangible, incorporeal entitlement bestowed upon the author or originator of literary or artistic creations, conferring upon them the exclusive privilege to reproduce, publish, and sell their work. 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. However, this exception is limited to one copy and does not permit, for example, a publisher making multiple copies for a book.

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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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Technology & Marketing Law Blog

JUNE 20, 2023

or LGI) granted Condé Nast Publications a license to use one of her black-and-white photos of Prince as an “artist’s reference for an illustration … to be published in Vanity Fair November 1984 issue.” When the publishers learned of the Prince Series, they decided to use Orange Prince instead. Fast-forward three decades.

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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. the entire legal battle was fought with the presumption of section 52(1)(i).

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43(B)log

FEBRUARY 19, 2022

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them. TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software.

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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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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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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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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 example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.

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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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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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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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