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Smells Like Copyright Infringement

IPilogue

Seventy-two years later, Scott-Giles’ granddaughter, Jocelyn Bundy, noticed that “ an image virtually identical ” to Scott-Giles’ illustration was being used in the popular grunge-rock band Nirvana’s merchandise and brought a copyright infringement lawsuit in the United States for damages covering decades of sales. copyright law.

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Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

The IP Law Blog

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

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Foreign Works, US Rights: The 7th Circle of Copyright Hell?

Copyright Lately

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. copyright law.

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Faith-Based Fair Dealing: Beware, New Exceptions Ahead (?)

Kluwer Copyright Blog

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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Generative AI and Copyright

IP and Legal Filings

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use.

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Algorithmic propagation: do property rights in data increase bias in content moderation? Part I

Kluwer Copyright Blog

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Second, although mere facts and data as such are not protected by copyright, their extraction from protected subject matter (works, non-original databases, etc.) Image by Gerd Altmann from Pixabay.

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Conundrum Involving The Ownership Of The Work Created By Ai

IP and Legal Filings

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Therefore, AI may not equipped for generating an original work. Hence, ownership is not granted to the AI.