Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

Copyright Law 116

Copyright Law Copyright Law Art 116

Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. If needed, secure permissions by contacting copyright holders directly or collaborating with licensing organizations.

Licensing 52

Licensing Copyright Public Domain Music 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

IPilogue

DECEMBER 10, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. copyright law. Copyright Act of 1909. Background. In 1949, C.W.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Chicago-Kent Intellectual Property Journal Blog

APRIL 6, 2022

Disney’s Limiting of the Public Domain Sydney Fenton | April 6th, 2022 Creation of Copyright and the Public Domain On May 31, 1790, the first copyright law was enacted under the new United States Constitution, modeled after Britain’s Statute of Anne.[1]

Public Domain 40

Public Domain Journalism Intellectual Property Copyright Law 40

Kluwer Copyright Blog

JUNE 30, 2021

As pointed out by Keith Aoki, James Boyle and Jennifer Jenkins in Bound by Law? Tales from the Public Domain , “documentaries are records of our culture. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. by Tito Rendas. € by Martin Senftleben. €

Fair Use 105

Fair Use Copyright Law Copyright Law 105

Technology & Marketing Law Blog

APRIL 23, 2024

Materials from my talk: The paper The video The image repository (all in the public domain per prevailing copyright law !) The post Why Generative AI is Doomed appeared first on Technology & Marketing Law Blog.

Public Domain 105

Public Domain Technology Copyright Law Blogging 105

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.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Biswajit Sarkar Copyright Blog

MARCH 22, 2022

He has the right of communicating the work in the public domain. If the work has been broadcasted and communicated in the public domain without the consent and permission of the performer. The post Performer’s Rights under Copyright Law appeared first on Biswajit Sarkar Blog.

Copyright Law 52

Copyright Law Copyright Law Public Domain 52

The IP Law Blog

SEPTEMBER 28, 2023

Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.” Thus, the Court found Defendants did not provide any evidence that the work had been copied from the public domain.

Public Domain 113

Public Domain Copyright Copying Registration 113

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

Marketing 116

Marketing Marketing Copyright Copyright Law 116

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 110

Artwork Public Domain Moral Rights Art 110

IIPRD

MARCH 5, 2025

This has to do with the application of copyright to works made through AI. Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

AI companies argue that training models on copyrighted material falls under fair use, while record labels assert that it constitutes direct infringement. Some jurisdictions lack clear laws on whether AI-created songs can be copyrighted or if they belong to the public domain. Who owns AI-generated music?

Copyright 52

Copyright Fair Use Music Intellectual Property 52

Velocity of Content

JANUARY 22, 2025

The stakes are particularly high in copyright law, where anthropomorphic thinking has led to problematic comparisons between human learning and AI training. This territorial nature of copyright law creates a complex web of potential liability. ” These human terms feel natural, but they are misleading.

Copyright Law 52

Copyright Law Copyright Business Copying 52

Velocity of Content

DECEMBER 19, 2023

Copyright protection exists from the time the work is created in a fixed, tangible form of expression. The copyright in the work of authorship immediately becomes the property of the author who created the work. Make it easy for employees to get up-to-speed by checking out our Copyright Education programs. Access it here.

Copyright 98

Copyright Music Public Domain Television 98

Dear Rich IP Blog

MARCH 5, 2022

The reverse principle -- it is a violation of copyright law to create a sculpture of a photograph -- has also been followed by the courts. Few photographers of publicly-viewable statues need to worry about copyright lawsuits. In the real world.

Fair Use 99

Fair Use Public Domain Copyright Copyright Law 99

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

MAY 3, 2022

We welcome contributions that address the following topics in an EU and comparative perspective: copyright exceptions and limitations. copyright internal limits. copyright and the public domain. copyright and fundamental/human rights. balancing of copyright law with competition law and consumer law.

Copyright 98

Copyright Intellectual Property Law Public Domain Intellectual Property 98

Dear Rich IP Blog

JUNE 20, 2023

Despite the publication date, I can't tell if this book is in the US public domain. It appears to have been only published in the UK, and I've seen evidence the copyright was renewed in the 30's. I have a recent UK copy of the book, and it has no copyright notice.

Public Domain 52

Public Domain Copyright Notice Publishing Copyright Law 52

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Slater, 16-15469, popularly known as the Monkey selfie case.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

Kluwer Copyright Blog

AUGUST 12, 2021

For these reasons, one can assume that this ruling has somehow lost its charm for copyright aficionados since it deals with the soon to be disposed of – if not entirely already overtaken in copyright-related matters – liability regime of the electronic commerce directive ( ECD ). Overview of the Egyptian Copyright Law.

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

Kluwer Copyright Blog

NOVEMBER 19, 2021

André starts by explaining that although they are traditionally referred to as “exceptions and limitations” of copyright, this paper refers to them as “user rights” to reflect the complex layers of this issue. Working Group 4 — Beyond Copyright: the Ethics of Open Sharing.

Copyright 116

Copyright Intellectual Property Law Public Domain Copyright Law 116

Kluwer Copyright Blog

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. More interestingly, the provision explicitly links the use of copyrighted works for training AI models to the text and data mining (TDM) exception in Article 4 of the CDSM Directive. .”

Copyright 111

Copyright Copyright Law Publishing Public Domain 111

Dear Rich IP Blog

APRIL 16, 2020

Does the absence of the insignia mean that the film is public domain? Nowadays, the publication of a film without copyright notice won't effect ownership, but in 1964, the penalty was draconian. If the copyright owner failed to include a copyright notice on "The Naked Kiss," then it would likely be in the public domain.

Copyright Notice 52

Copyright Notice Public Domain Copyright Ownership 52

Kluwer Copyright Blog

FEBRUARY 5, 2025

Also included in the archive are IViRs comprehensive study on the harmonization of European copyright law , as well as the first two editions of Paul Torremans monumental collection on the intersection between intellectual property and human rights. More volumes will be added to the online archive in due course.

Law 59

Law Copyright Public Domain Editing 59

Trademark and Copyright Law Blog

MARCH 11, 2021

Nintendo, represented in the lawsuit by one John Kirby , systematically dismantled Universal’s claims, pointing out serious questions of trademark and copyright ownership, including the fact that Universal itself had successfully argued in a separate lawsuit seven years earlier that the plot of King Kong was in the public domain.

Public Domain 98

Public Domain Trademark Copyright Infringement Licensing 98

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Public Domain work. Image Attribution: John Tenniel (1865).

Copyright 81

Copyright Blogging Intellectual Property Registration 81

IPilogue

MARCH 21, 2022

Some of the most notable arguments are included in a joint submission on the public consultation by 14 Canadian IP scholars. They recommended against recognizing AI as an author and argued that AI-generated works should remain in the public domain.

Registration 119

Registration Copyright Intellectual Property Public Domain 119

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. Moreover, the Italian Supreme Court, in decision no. Secondly, para.

Copyright 125

Copyright Art Copyright Law Licensing 125

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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

Art 52

Art Copyright Public Domain Copyright Law 52

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 72

Music Copyright Derivative Work Ownership 72

LexBlog IP

DECEMBER 21, 2021

The simple answer: public domain came to the rescue. Under copyright law in the 1940s, copyrights registered for an initial 28-year period, and that period could then be renewed for an additional 28 years with proper filings. This resulted in the production company producing the film at a pretty significant loss.

Copyright 40

Copyright Public Domain Derivative Work Intellectual Property 40

Velocity of Content

AUGUST 13, 2024

However, adopting a more systematic program of creating or adapting curriculum materials for an entire district or school highlights some important questions about schools’ and school districts’ rights and obligations under copyright law. Exceptions include materials in the public domain such as documents and materials the U.S.

Copyright 52

Copyright Public Domain Fair Use Licensing 52

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. Otherwise, such a claim does not arise.

Fair Use 64

Fair Use Public Domain Copyright Litigation 64