LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 52

Copyright Law Copyright Law Ownership 52

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 definition of the concept of ‘cable transmission’ was at the centre of the analysis. Photo by Markus Spiske on Unsplash.

Copyright Law 58

Copyright Law Copyright Law Music 58

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. California law requires that the property interest be “well-defined” and “like staking a claim to a plot of land at the title office.”

Copying 98

Copying Ownership Derivative Work Contracts 98

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.

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Copyright Copyright Law Fair Use Law 136

Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent. What could this mean for copyright-relevant upcycling?

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Copyright Copyright Law Business Intellectual Property 116

The IPKat

FEBRUARY 3, 2023

First, an original work can be protected by copyright law only if it meets two requirements: - originality, i.e., objective novelty compared to creative works or segments of previous creation; - creativity. Creativity under Article 1 of Law No. Here are the main points of the decision.

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LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 40

Copyright Law Copyright Law Ownership 40

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Copyright Lately

NOVEMBER 21, 2021

NFTs Are Not Copyrightable. The confusion only seems to increase when you introduce copyright into the mix. Again, NFTs are just an ownership record and a link to content. If they don’t embed an underlying asset, they likely don’t even fall within the subject matter of copyright. Publication vs. Merchandise?

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

The IPKat

DECEMBER 13, 2022

[For this Kat, it is a question of whether DJs should pay for all uses of music or whether the context should determine who pays for the DJs’ use of music] Source: Pinterest In April , the then President of Kenya, Uhuru Kenyatta assented to the Copyright Amendment Bill 2021 which has now become the Copyright (Amendment) Act No 14 of 2022.

Copyright 120

Copyright IP Music Ownership 120

IP and Legal Filings

JANUARY 24, 2023

Even though no legal definition has been ascribed to the term as of yet, but broadly it is perceived as the ability of the machines to perform work which require human intelligence. [1] 8] Who Owns The Copyright In Ai? Hence, the trainer also has strong claims for ownership of AI. [10] 539 [5] [1964] 1 All ER 465 [6] 499 U.S.

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Copyright Ownership Artistic Work Intellectual Property 98

Technology & Marketing Law Blog

MAY 15, 2024

In my blog post on the case , I praised the decision and predicted “that the Supreme Court will eventually grant a petition … and render a definitive decision regarding the discovery rule.” at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. MGM Domestic Television Distribution, LLC , 39 F.4th

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Music Blogging Copyright Ownership 105

Kluwer Copyright Blog

JANUARY 5, 2023

But if we try to solve the issue of ownership and decide on who should hold the heritage that has not disappeared and that is still around, 3D digitisation is actually not that helpful, and it would be insensitive to even question if any country would give up on the repatriation requests if they were given a digital copy.

Copying 64

Copying Copyright Ownership Intellectual Property 64

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership. What is it? What does it do?

Copyright 94

Copyright Intellectual Property Moral Rights Ownership 94

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 64

Music Copyright Derivative Work Ownership 64

Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

Derivative Work 101

Derivative Work Copyright Settlement Reporting 101

SpicyIP

SEPTEMBER 15, 2021

Copyright safeguards also encourage the top-flight playmakers or shot-stoppers to inject an innovative originality within their victory dances thereby increasing the thrill of the sport and advancing the enthusiastic involvement of the spectators, all of which furthers the broader vision of the copyright law, i.e., of public welfare.

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Copyright Marketing Marketing IP 126

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Art 98

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31.

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Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

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Litigation Fair Use Copying Derivative Work 98

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Definitely. Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. NFT enthusiasts envision a fictional world of fan-owned creative properties and character crossovers. The warning signs were all there. You Own the NFT.

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Derivative Work Licensing Artwork Contracts 87

Intepat

DECEMBER 12, 2024

However, protecting these interfaces involves navigating complex layers of copyright, design patents, and other intellectual property laws that cover specific aspects of GUIs. Copyright protection is also available for GUIs that display high levels of originality, focusing on the artistic aspects rather than functionality.

Copyright 52

Copyright Artistic Work Design Patent Design 52

43(B)log

JULY 20, 2022

Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements. At least for the copper website and the brochure, the delay in registration could prevent any presumption of ownership based on the prima facie validity of the registration.

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False Advertising Ownership Registration Design 72

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Google responds that whatever it means, it’s preempted by copyright law.

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Licensing Copyright Contracts Advertising 105

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 64

Copyright Design Designs Copyright Law 64

The IPKat

SEPTEMBER 22, 2023

The book which is presented in four (4) parts and a total of 25 chapters touches on many areas of IP law taking into account the developments in both domestic and international IP frameworks. Part One: In this introductory part, the authors carefully laid out definitions and conceptual clarifications of the subject matter of IP.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law IP 80

LexBlog IP

APRIL 28, 2023

One of the primary legal concerns is related to copyright – both in terms of protecting the work generated and the concern of infringing someone else’s work. Copyright law protects original works of authorship, including literary works like blog articles. Many are concerned with the potential for plagiarism.

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Content Creation Plagiarism Blogging Ownership 52

Intepat

OCTOBER 28, 2024

NFTs are unique digital tokens that represent ownership of specific digital assets. NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership. The NFT is a form of representation of the copyrighted work and is not the actual work.

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Non-Fungible Tokens Copyright Contracts Ownership 52

Copyright Lately

APRIL 30, 2021

The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. Key among them is the extent to which pre-1978 works first published abroad without proper copyright notice are still protected under U.S. copyright law. and Germany.

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Public Domain Copyright Copyright Notice Publishing 84

SpicyIP

DECEMBER 15, 2023

Right on the heels of Vedika’s earlier post , we are pleased to bring to you this guest post by Dr. Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Samuelson argues that, under current law, they are not.

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Copyright Artistic Work Copyright Law Music 49

Copyright Lately

FEBRUARY 6, 2022

And now there’s a huge disagreement with the comedian population around what rights do comedians get for writing a joke because I don’t think that actually exists in copyright law yet. So there’s a lot of nuances out there. “We Have Struck a Nerve” That’s one way to put it.

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Music Artwork Social Media Intellectual Property 93

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Ownership of Copyright. Corel Corp.

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Art Copyright Artistic Work Public Domain 52

IIPRD

JUNE 13, 2024

AI affects the current structure of intellectual property rights, Artificial intelligence in the contemporary era AI is often considered as a subset of computer science that focuses on simulating intelligence in machines but this definition does not do justice with the AI scope and its vast features.

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The IPKat

FEBRUARY 12, 2024

Is copyright movable property under Nigerian law? Before the enactment of the new Act, the status of copyright as movable property under Nigerian law was uncertain, as the Nigerian Constitution lacks explicit definitions for "movable" and "immovable" property. copyright), can one call such a constitutional right?

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Copyright Moral Rights Government Public Domain 62