Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 80

Copyright Law Law Copyright Copying 80

IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Such databases may include work that is copyrighted. The Digital Personal Data Protection Act, 2023 provides for the laws related to data privacy and some form of regulation.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

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Copying Copyright Ownership Intellectual Property 72

JIPEL Copyright Blog

MARCH 21, 2022

This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. To play in an online tournament, players utilize their own ROMs.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. source code) under copyright law.

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Registration Design Designs Copying 189

Intellectual Property Law Blog

JANUARY 11, 2023

In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyright law and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. Advanced Micro Devices, Inc.,

Design 130

Design Designs Copying Copyright Law 130

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

Legal Background and Relevant Laws The legal framework surrounding AI-generated music draws from multiple intellectual property laws and regulations, including: Copyright Act (U.S.): Copyright Act, original works of authorship, including sound recordings, are protected. Under the U.S.

Copyright 52

Copyright Fair Use Music Intellectual Property 52

IPilogue

OCTOBER 4, 2024

His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship. Damola Adediji is a Visiting Researcher with IP Osgoode and Doctoral Candidate with the Centre for Law, Technology & Society at the University of Ottawa.

Copying 75

Copying Ownership Graphic Design Copyright 75

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. Patents should be the go-to in this area.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The copyright in these two titles expired at the beginning of 2021. More from our authors: Law of Raw Data. Photo by Markus Spiske on Unsplash.

Copyright Law 64

Copyright Law Copyright Law Music 64

IIPRD

MARCH 5, 2025

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. Originality : A work must exhibit a degree of intellectual effort and creativity to be protected.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Kluwer Copyright Blog

DECEMBER 8, 2021

Even though that Court’s judgment was very specific to the V-Cast service, it left room, arguing a contrario and subject to certain conditions, to consider the mere provision of Cloud storage services of audio-visual content, with reproductions made on individual requests of end-users, to be covered by the private copying exception.

Copying 64

Copying Copyright Law Copyright Law 64

IPilogue

NOVEMBER 11, 2021

Professor Vaver spoke on the origins of fair dealing in Canada and its differences and similarities in comparison to the American legal concept of “fair use”, its evolution throughout the history of Canadian common law jurisprudence, and its potentially far-reaching future beyond Canada and copyright law. .

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Velocity of Content

JANUARY 7, 2025

2 Licensing enables copyright owners and users to come together in a mutually beneficial manner, helping the market function more efficiently and responsibly. There is no single global copyright law, and countries vary significantly in their approach to copyright and AI-related issues like text and data mining and transparency.

Copyright 52

Copyright Licensing Fair Use Journalism 52

Garrigues Blog

MARCH 27, 2025

Many of these games include highly creative cards and drawings, or very complex rules and mechanics, which are the result of an evident intellectual effort by their creators. The question therefore is: Can board games be protected by copyright? 167, nota 46) ( Comments on the Intellectual Property Law (Comments on article 10.III,

Copyright 52

Copyright Intellectual Property Artistic Work Intellectual Property Law 52

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. source code) under copyright law.

Registration 130

Registration Design Designs Copying 130

TorrentFreak

MARCH 25, 2024

. “That would catastrophically harm the digital markets on which the music industry, the movie and television industry, the news industry, and similar industries depend to profitably create and distribute their works—and would thereby undermine the incentive for the creation of new works that copyright law exists to protect.”

Publishing 144

Publishing Copyright Fair Use Intellectual Property Law 144

IPilogue

AUGUST 4, 2021

Intellectual property law professor Andres Guadamuz argues that Copilot, as it stands, does not infringe copyright. However, Guadamuz explains that under GPL v3, this obligation only arises where the copying is substantial enough to warrant copyright permission. What Comes Next?

Copyright Infringement 111

Copyright Infringement Copyright Licensing Intellectual Property Law 111

SpicyIP

SEPTEMBER 12, 2024

We are pleased to bring to you this book review of David Llewelyn, Gladys Tan, Estelle Moh Huixuan and Ng Hui Ming’s ‘Modern Law of Copyright in Singapore’, (SAL Academy Publishing, 2023) by Prashant Reddy T. Image from here Book Review: Modern Law of Copyright in Singapore By Prashant Reddy T.

Copyright 81

Copyright Law Copyright Law Intellectual Property 81

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

Artwork 98

Artwork Contracts Ownership IP 98

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

IPilogue

FEBRUARY 21, 2022

The scholars acknowledged the government’s commitment to “keep pace” with technological developments in AI while protecting the public interest through Federal statute (the Copyright Act ). The Supreme Court concluded that the creation of electronic copies through “cashing” did not implicate the interests of copyright owners.

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Government Copyright IP Intellectual Property 111

The IPKat

DECEMBER 2, 2022

Let us briefly examine how these systems work and then consider how intellectual property law relates to them. How it's made Knowing how something works is necessary when discussing law and technology. The model does not contain any copies of works. If not the user, then perhaps the manufacturer of the model?

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 98

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

The IPKat

AUGUST 24, 2021

In 2014, a total of nine regulations came into force, each of which presented a significant change to UK copyright law. For museums, there are now exceptions for digital displays of collection works on dedicated terminals and, in certain situations, for making preservation and replacement copies.

Art 98

Art Copyright Editing Publishing 98

IP and Legal Filings

OCTOBER 28, 2022

Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectual property law will be applicable to NFTs. cross-border transfer of personal data. storage of electronic data overseas. data retention.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

MARCH 16, 2022

The existing TDM exceptions under UK copyright law. For the exception to kick in the person must have “lawful access” to the work and any copy must be accompanied by “sufficient acknowledgement”. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Licensing 98

Licensing IP Intellectual Property Intellectual Property Law 98

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents).

Government 95

Government Intellectual Property Licensing Copyright 95

SpicyIP

MARCH 15, 2022

Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

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Publishing Marketing Marketing Advertising 105

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. Why Consider Registering a Copyright?

Copyright 105

Copyright Registration Music Copyright Law 105

Kashishipr

MAY 25, 2021

The registration acts as a prima facie proof of the date on which such rights came into being, and the infringement proceedings, as provided for in the respective copyright act of some specific jurisdiction, can be deployed for seeking enforcement of such rights. Therefore, it is always an option to copyright the entire blog.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

IP and Legal Filings

JUNE 29, 2024

The personality rights in India are generally enforced in the context of Intellectual Property Laws. In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Further in the case of Civic Chandran and Ors.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

IP and Legal Filings

MARCH 12, 2024

To protect the right of creators, Copyright law was introduced, fostering creative innovation. Copyright Law and Insufficient Injunctions The British Statute of Anne, 1710, was the first copyright statute. Indian Journal of Intellectual Property Law, 11, 179-204. To Block or Not to Block?:

Intellectual Property 98

Intellectual Property Copyright Journalism Copyright Infringement 98

IIPRD

OCTOBER 7, 2024

It safeguards in the following ways: Safeguarding the Competitive Advantage: By doing the patent of their own inventions, the startups can prevent the competitors from copying their innovations and works, thus securing unique market positions. The inventions of any startups are protected through the Copyright laws.

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Intellectual Property Government Invention Branding 98