IIPRD

JANUARY 7, 2025

A human inventor serves as the central figure in the design of the patent system. The main rationale behind patent law is to reward and encourage the creative actions of creators. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art.

IP 98

IP Intellectual Property Invention Inventor 98

Patently-O

APRIL 27, 2022

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).” But projected designs aren’t new.

Design Patent 69

Design Patent Designs Design Patent 69

Plagiarism Today

SEPTEMBER 21, 2021

Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. The company is also routinely accused of having an outsized impact on copyright law , including the Sonny Bono Copyright Term Extension Actt of 1998.

Plagiarism 246

Plagiarism Graphic Design Copying Artwork 246

Kluwer Copyright Blog

NOVEMBER 5, 2024

The choice not to define computer programs was intended precisely to futureproof the law. At the EU level, there is no definition of a computer program. US copyright law defines it as “ a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.”

Copyright 72

Copyright Design Designs Copyright Law 72

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

APRIL 8, 2025

To recount the facts and history, Thalers registration application designated the Creativity Machine as the works sole author and himself as the owner. These provisions are taken to collectively prove, together with the 1976 Acts structure and design, humanity is a necessary condition for authorship. Toriqul Islam 135

Copyright 81

Copyright Registration Law Copyright Law 81

SpicyIP

FEBRUARY 17, 2025

The Court’s analysis reveals a misunderstanding of how technological innovation intersects with copyright law. Connectix Corporation cautioned against “wasted effort” and “artificial hurdles” to accessing ideas in copyrighted software. ” We decline to erect such a barrier in this case.

Copying 69

Copying Fair Use Copyright Copyright Law 69

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

Designs 78

Designs Design IP Art 78

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 64

Copyright Law Copyright Law Music 64

Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

Designs 52

Designs Design Copyright Copyright Law 52

IPilogue

JULY 8, 2021

The European Parliament and Council’s decision to adopt directives on copyright law, as opposed to regulations, is consistent with the dynamic character of copyright law. Articles 3 and 4 of the Directive , introduce text and data mining as a new copyright law exception. The Highly-Debated Article 17.

Copyright 105

Copyright Copyright Law Due Diligence Law 105

TorrentFreak

AUGUST 10, 2021

“Contrary to Defendants’ allegations, Yout’s software platform is not designed to descramble, decrypt, avoid, bypass, remove, deactivate, or impair the YouTube rolling cipher technology,” Yout’s complaint read. RIAA’s Motion to Dismiss, Yout’s Response. RIAA’s Motion to Dismiss, Yout’s Response.

Technology 142

Technology Copyright Copyright Law Design 142

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). The law introduced a definition of a work. The lawmakers went even further and introduced its definition.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Wolly & Co.

Design 69

Design Designs Art Marketing 69

IPilogue

NOVEMBER 9, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. Liking”), to strike out Water Rower (UK) Ltd.’s

Art 72

Art Artistic Work Copyright Law Design 72

JD Supra Law

APRIL 1, 2024

the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs. By: AEON Law Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a.

Copyright Law 69

Copyright Law IP Design Designs 69

SpicyIP

JULY 29, 2021

But as I will discuss in this post, they fulfill the eligibility criteria as provided under the Copyright Act, 1957. Typeface’ refers to the particular design of letters, numbers, marks and symbols. Debunking the ‘no copyright for fonts’ Argument. This is perhaps why fonts cannot be copyrighted in the US.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

LexBlog IP

MARCH 5, 2024

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. However, these designs are not expressly covered under the Copyright Act. § 102(a)).

Designs 52

Designs Design Copyright Intellectual Property 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Selvam & Selvam Blog

JULY 19, 2021

Well, there is no conclusive answer to the definition of ‘intelligence’ and over the years there is no agreement even among AI researchers on the definition of ‘intelligence’. Types of protection available to Intellectual property are Copyright, Trademark, Patent, Design, and Geographical Indication.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

IPilogue

MARCH 18, 2022

Mr. Harold Thomas, the artist and copyright holder of the Australian Indigenous Flag (“the Flag”) is an Elder of the Indigenous community. He designed the Flag in 1971 as a symbol of Indigenous resilience and representation. Crown Copyright in Other Jurisdictions. The copyright, therefore, vests with the Crown.

Government 119

Government Copyright Ownership Copyright Law 119

Kluwer Copyright Blog

FEBRUARY 2, 2024

Liu ) that an AI-generated image is copyrightable and that a person who prompted the AI-generated image is entitled to the right of authorship under Chinese Copyright Law (see our bilingual version , and the later-released official translation ). The court therefore ruled that Defendant infringed upon Plaintiff’s copyright.

Copyright 105

Copyright Copyright Law Social Media Registration 105

TorrentFreak

DECEMBER 20, 2023

copyright law, online services are required to “expeditiously” respond to takedown notices if they want to keep their safe harbor protections. However, the law doesn’t define what the term expeditious entails. law, but that’s not a given. .” law, but that’s not a given.

Social Media 125

Social Media Advertising Advertising Law 125

Michael Geist

OCTOBER 3, 2022

I appeared in the very first hearing, using my opening statement to touch on four key concerns: the definition of “use”, government intervention, the risk of increased misinformation, and the breaches of Canada’s trade and treaty obligations. Appearance before the House of Common Standing Committee on Canadian Heritage, September 23, 2022.

Journalism 98

Journalism Law Government Copyright Law 98

JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? In this case, via alleged copyright infringement. Bernstein responded by filing a suit for declaratory judgment , essentially asking the court to rule that WWW’s silhouette design did not infringe on TGE’s design. (If The account and its 2.6

Social Media 52

Social Media Copying Branding Brands 52

TorrentFreak

AUGUST 24, 2021

channels, which are only possible to offer after content is copied and stored, contrary to copyright law. Each system has a key-based encryption and decryption process designed to restrict playback to only authorized Sling subscribers. The main focus of the lawsuit was Nitro’s VOD offering and so-called ’24/7?

Television 139

Television Copyright Infringement Advertising Advertising 139

Kluwer Copyright Blog

OCTOBER 5, 2022

It seems inevitable that UK copyright law will change at some stage. It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to be addressed. 4 of the Copyright, Designs and Patents Act 1994 (“CDPA”), when considered under either UK or EU copyright law.

Artistic Work 97

Artistic Work Copyright Copyright Law Design 97

Intepat

SEPTEMBER 15, 2023

To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright. Copyright laws are designed to safeguard the rights of creators. Historically, these rights have been attributed to human creators, forming the cornerstone of copyright law.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] It receives the full set of rights under copyright law, just like literary, dramatic, or artistic work”.

Music 103

Music Copyright Ownership Copyright Law 103

Copyright Lately

AUGUST 10, 2021

While the judge rejected a number of arguments advanced by the Phillies (including arguments that the defendant committed fraud on the Copyright Office with its initial copyright registration), she ultimately recommended that the Phillies be allowed to continue using the new version of the mascot.

Derivative Work 105

Derivative Work Copyright Settlement Reporting 105

azrights

AUGUST 11, 2022

Would they be infringing your copyright though? Is the output infringing copyright? From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes.

Copyright 97

Copyright Due Diligence Design Designs 97

IPilogue

SEPTEMBER 23, 2021

Does that definition apply here so as to disturb the apparent pattern of paras. (a) The problem is that, although “author” and “maker” can mean much the same thing in ordinary parlance, they do not in copyright law. By contrast, “maker” — producteur in the French version — has a definition in s. a) and (b)? c) into s.

Ownership 92

Ownership Copyright Intellectual Property Design 92

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants to be required to implement, maintain, regularly review and revise as necessary a threat management program designed to appropriately monitor the defendants’ information networks for threats. Such class actions can be considered part of the evolution of the regulatory landscape dedicated to Generative AI. 4th 1149 (9th Cir.

Fair Use 137

Fair Use Privacy Copyright Technology 137

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. The Act, however, omits any definition or methodology for judging a work’s originality.

Copyright 98

Copyright Public Domain Copying Publishing 98

The IPKat

JUNE 9, 2023

It was dedicated to the best and worst copyright and design cases of the past 20 years. Lord Justice Arnold, opening the first panel (photo: Neil Graveney) Lord Justice Arnold opened the panel, suggesting Infopaq ( C-5/08 ) as both the best and the worst copyright case (and certainly the most influential).

Reporting 56

Reporting Music Design Designs 56