Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework.

Copyright 105

Copyright Ownership Journalism Publishing 105

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. Computer Scientist Brief – Supporting WPL.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. When the electronic book is “checked out,” the physical copy is removed from circulation.

Publishing 91

Publishing Copying Fair Use Licensing 91

Velocity of Content

MAY 11, 2023

In this article, we’ll answer three questions from the audience about the intersection of copyright and the reuse of published material in medical communications projects. If a journal article is published as Open Access, can I reuse it? Why do I have to request permission to reuse content in a medical communications project?

Copyright 98

Copyright Licensing Journalism Social Media 98

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? I. GenAI at odds with copyright law? Is the student’s work derived from the copyright-protected work?

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Copyright Higher Education Copyright Infringement Ownership 123

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

Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. Success is dependent on collaboration, networking, and sharing information.

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Licensing Copyright Publishing Journalism 98

IIPRD

MARCH 1, 2023

This right emanates from the personhood theory of copyright law which forms the basis of moral rights and has been accepted throughout the world. India, being a member of the Berne Convention, adopted this principle as an addition to its copyright laws in 1994. Official Journal of the European Communities (2001).

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

Velocity of Content

SEPTEMBER 12, 2024

Be clear on why your organization is implementing a copyright policy. Maybe the goal is for your company to fulfill its obligations under copyright law. And then describe how all staff are expected to handle information in a copyright-compliant manner. 4. Clarify copyright’s reach across formats.

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Copyright Social Media Journalism Copyright Law 97

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. link] Sareen, M. K., & Kalra, K.

Intellectual Property 98

Intellectual Property Copyright Journalism Copyright Infringement 98

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

Law 116

Law Licensing Publishing Intellectual Property 116

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.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

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Publishing Music Copyright Law Marketing 97

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. It isn’t human-readable and does not contain copies of any audio recordings.

Music 85

Music Copyright Copying Copyright Law 85

Dear Rich IP Blog

SEPTEMBER 17, 2024

The PowerPoint slides may be available, viewable, and even downloadable, but that does not give you the right to copy and republish them. There's a difference between authorized end-user activity and unauthorized copying. There is no statement forbidding copying.

Public Domain 52

Public Domain Fair Use Copying Copyright Notice 52

Velocity of Content

DECEMBER 4, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC). See 17 U.S.C. § 17 U.S.C. §

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

IPilogue

APRIL 4, 2022

Soon after, it was published in a French medical journal, along with her full name and medical details. After a careful examination of multiple areas of law and a plethora of expert opinion – from legal academics, jurists, ethicists, medical professionals, trauma psychologists and scientists – we pursued several lines of approach.

Privacy 119

Privacy Publishing Journalism Copyright 119

Velocity of Content

DECEMBER 19, 2024

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes.

Litigation 52

Litigation Copyright Copyright Infringement Fair Use 52

Velocity of Content

NOVEMBER 5, 2024

I received a copy of the paper from the author and supplied it to the client. ARS team member for 30 years Journal 2.0 “I Initially, they responded by saying that the journal in question wasn’t part of their publications. Ultimately, they granted us permission to copy the article from a print source, and we filled the order.”

Journalism 52

Journalism Copying Publishing Intellectual Property 52

The IP Law Blog

JULY 21, 2022

The Journal Publishing Company et al , 1-21-cv-00690, District Judge Martha Vazquez of the District Court of New Mexico recently held Plaintiffs’ twenty-two-month delay in filing suit rebutted any presumption of irreparable harm for alleged copyright violations, and accordingly denied Plaintiffs’ motion for a preliminary injunction.

Copyright 52

Copyright Journalism Copyright Infringement Publishing 52

Velocity of Content

NOVEMBER 25, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC). Ginsburg & R. Dreyfuss eds.,

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. However, it is only a first step towards making user’s rights a reality.

Copyright 118

Copyright Art Licensing Contracts 118

Velocity of Content

SEPTEMBER 23, 2024

The recent article The Heart of the Matter: Copyright, AI Training, and LLMs , forthcoming in the Journal of the Copyright Society, explains how copyright and AI intersect. Using Copyrighted Works in LLMs LLMs use massive amounts of textual works—many of which are protected by copyright.

Copyright 52

Copyright Licensing Copying Journalism 52

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.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

AUGUST 22, 2023

Under EU Law, the most significant developments were introduced by articles 3 and 4 CDSMD, and its national implementations. To identify the most representative Scientific Publishers, we relied on a recent study that mapped “the 100 largest scientific publishers by journal count”. Pexels and Pixabay).

Art 98

Art Publishing Licensing Copying 98

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. AHUJA, LAW RELATING TO IPR (LexisNexis Publication 2017).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. ” The composer of a musical composition is the exclusive owner of the work’s copyright. Conventus Law.

Music 97

Music Copyright Copyright Infringement Moral Rights 97

Intepat

NOVEMBER 25, 2024

The Marrakesh Treaty , adopted by the World Intellectual Property Organization (WIPO) in 2013, directly addresses this issue by introducing amendments to copyright laws. This provision, which was amended in 2012 in response to the Marrakesh Treaty, allows for specific exceptions to copyright law.

Copyright 52

Copyright Intellectual Property Intellectual Property Law Copyright Law 52

IP and Legal Filings

JANUARY 13, 2023

DE MINIMIS IN COPYRIGHT LAW. Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. JOURNAL PUBLICATIONS. In the landmark case of Bell v. CITATIONS/REFERENCES.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. More from our authors: Law of Raw Data.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Intepat

JANUARY 8, 2024

Allegations and Claims by The New York Times The New York Times claims that these companies are trying to take undue advantage of the hard work and money put into creating such a high and superior quality of journalism. Undoubtedly, the results of these court conflicts will influence how copyright law and technology intersect in the future.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1. This implements Article 5(3)(e) of the InfoSoc Directive.

Law 61

Law Music Art Copyright 61

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights.

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Related Rights Law Copyright Copying 52

LexBlog IP

APRIL 11, 2023

3] Berber Jin and Miles Kruppa, “The Backstory of ChatGPT Creator OpenAI,” The Wall Street Journal (Dec. What to Know About the AI Chatbot,” The Wall Street Journal (March 22, 2023), [link]. [4] Copyright Office, Compendium of U.S. Copyright Office Practices § 313.2 (3d 10, 2023). [2]

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Social Media Branding Brands Branding 52

The IPKat

AUGUST 6, 2023

And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice. The second article is by Ms Maria Martin-Pratt, ‘Twenty Years After – the State of EU Copyright Law’.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work. More from our authors: Law of Raw Data.

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. copyright law.

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Fair Use Copyright Moral Rights Copyright Law 135