Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Intepat

NOVEMBER 19, 2024

In today’s world, copyright laws are essential for protecting creative works like books. For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work.

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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.

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Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Alternatives to Seeking Copyright Protection.

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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.

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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.

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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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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.

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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.

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Olartemoure Blog

APRIL 30, 2024

Shakespeare’s works continue to inspire filmmakers, directors, and writers, however, all his works are in the public domain due to the time that has passed since his death. In these adaptations, elements such as scripts, direction, and performances are original works protected by copyright laws.

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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.

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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. €

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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.

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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.

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Dear Rich IP Blog

JULY 27, 2023

Mexican copyright law placed Kahlo's works in the public domain 25 years after her death, so you don't need authorization to include a photo of her painting in your film. The painting. The Kahlo name.

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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.

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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).

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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.

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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.

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Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Feist Publications, Inc. 102(a)(5) , a category that is defined to include photographs, 17 U.S.C. 4th 26, 32 (2d Cir.

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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.

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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.

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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.

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Intepat

OCTOBER 6, 2024

A patent can be granted when the invention meets certain criteria: Novelty: it must be new and not available in the public domain. and in a way that it must be new and not available in the public domain. MYTH 5: IT’S FREE TO USE IF IT IS ON THE INTERNET Anything available online is not free for public use.

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IP Tech Blog

MAY 18, 2023

Because the jury is charged with determining whether the defendant copied original elements of the copyrighted work, Judge Gilstrap held an evidentiary “copyrightability” hearing to “filter” out the non-original, non-copyrightable elements of the plaintiff SAS’s software.

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Olartemoure Blog

MAY 17, 2024

However, a German court took a different position, ruling that Ravensburger could reproduce the work since in this country copyright does not apply to works in the public domain, and a national law was intended to be applied beyond the corresponding borders.

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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.

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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.

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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. .”

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Olartemoure Blog

JULY 26, 2024

On the other hand, in preliminary interpretation 256-IP-2021, the Court emphasized that the exception of incorporating works from the public domain should be applied under criteria of sound judgment. Moreover, this incorporation must not undermine the normal exploitation of the work or affect the copyright owner.

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Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. However, no fees shall be paid for certain specific uses, such as in the case of personal use, use for study purposes or public entities’ use with the aim of enhancing the assets themselves. This is exactly the case here. Second, Art.

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Trademark and Copyright Law Blog

FEBRUARY 1, 2021

New Copyrighted Works Enter the Public Domain: In 1998, the Sonny Bono Copyright Term Extension Act added 20 years to the term of copyright protection for pre-1976 works, and paused the annual expiration of copyright on older works for 20 years. Look for it soon at your favorite independent bookstore!

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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.

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Copyright Moral Rights Copyright Infringement Marketing 101

Kluwer Copyright Blog

APRIL 18, 2024

No amendment offered in public session. Delete Article 11(3) (three-step test) or apply only to additional exceptions: (3) Contracting Parties shall confine any additional limitations of or exceptions to …” Add: “, taking account of the legitimate interests of third parties ” No amendment offered in public session.

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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).

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Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

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Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

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