Kluwer Copyright Blog

APRIL 18, 2024

No amendment offered in public session. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. Measures A prohibition on circumvention of TPMs could extend protection to materials in the public domain or prevent the exercise of exceptions. 5- National Treatment Paragraph 5.2

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Public Domain Contracts Copyright Licensing 59

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

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Public Domain Copyright Law Artwork 98

Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

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Copyright Public Domain Marketing Marketing 52

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about.

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Derivative Work Public Domain Copyright Fair Use 105

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Karp says that librarians attack (c) protection for authors; on information, he says, a copyright doesn’t restrain information, b/c it doesn’t protect facts or ideas, only expression.

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Copyright Moral Rights Artwork Art 59

Kluwer Copyright Blog

MARCH 14, 2022

The first issue raised in the consultation was whether the copyright protection for computer-generated works (CGWs)without a human author, in the UK Copyright, Designs and Patents Act 1988 (CDPA), strikes the right balance between incentivising and rewarding investment in AI creativity. More from our authors: Law of Raw Data.

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IP Public Domain Copyright Intellectual Property 57

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.

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Intellectual Property Editing Privacy Moral Rights 89

The IPKat

SEPTEMBER 16, 2024

This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. This model addresses the legal public domain status of both physical and intangible AI creations and inventions. A meow-velous cover!

Intellectual Property Law 61

Intellectual Property Law Intellectual Property Law Public Domain 61

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

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Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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Copyright Law Copyright Law Art 106

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” Here, merely automated and mechanical work that lacks originality is also protected by the said copyright doctrine. can have copyright.

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Copyright Public Domain Copying Publishing 94

Copyright Lately

APRIL 3, 2023

The theory behind CDL is that by maintaining a consistent “owned-to-loaned” ratio between physical books and digital copies, libraries can meet the needs of twenty-first-century patrons without violating existing copyright law. million additional books protected by valid copyrights. At least, that’s the theory.

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Fair Use Copying Publishing Copyright 73

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. The similarities in setting, theme, etc.

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Fair Use Trademark Copyright Editing 52

Kluwer Copyright Blog

APRIL 28, 2022

In this week’s judgment the Court rejected the argument brought forward by Poland and concluded that the design of Article 17 includes sufficient safeguards protecting the right to freedom of expression and information of the users. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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Copyright Law Intellectual Property Law Public Domain 103

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. Thus, under existing case law, the answer is quite clear: the interviews are not joint works. Falwell , 485 U.S.

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Copyright Blogging Publishing Fair Use 120

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” It is strange because that would mean that the unpublished portions would also be government works available for public use. . “The basic premise of [S]ection 105.[is] ” H.R.

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Ownership Copyright Government Intellectual Property 52