Kluwer Copyright Blog

NOVEMBER 6, 2023

Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union (see Blaszczyk ). This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.”

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Kluwer Copyright Blog

APRIL 18, 2024

But the present draft clearly reaches such content. [2] No amendment offered in public session. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. The use of the term “traditional” broadcasting was meant to restrict the treaty from regulating “webcasting” or other Internet-born content.

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Kluwer Copyright Blog

JUNE 8, 2022

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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Kluwer Copyright Blog

APRIL 5, 2023

On appeal from an earlier order, the present ruling affirmed the Court of Venice’s competence to rule on the infringing conduct, i.e., the use of the work’s image to produce and distribute puzzles faithfully reproducing it by all the companies of the Ravensburger group. Nonetheless, this case is anything but balanced. 633/1941, l.

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The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

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Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. Oracle America, Inc. ,

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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.

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LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing.

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43(B)log

AUGUST 11, 2022

A business code communicating within a community designed to be closed. If public function, no, but if private, yes. A: author of Esperanto consigned it to the public domain. Authors have options: they can surrender to the public; they can assert complete control; or something in between. Merger is off the table.

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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

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. Our society was founded in January 2012 with the aim of creating a platform for independent and critical scholarly thinking on European copyright law [1].

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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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SpicyIP

NOVEMBER 16, 2023

In doing so, unfortunately, the DB has seemingly missed out on considering some of the crucial aspects of the SB order, especially with regard to its findings on the originality of Hulm Entertainment’s concept note and the copyrightability of GUIs. However, the current case discusses the protection of GUIs under the Copyright Act.

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IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” ” Said, Reforming Copyright Interpretation, 28 Harv.

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43(B)log

DECEMBER 20, 2022

In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. Even accepting that substantial similarity was present (qualitative significance would be a fact question), fair use protected the uses. The similarities in setting, theme, etc.

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SpicyIP

JANUARY 2, 2022

The present case clarified that there is a distinction between cases directly arising from IPR issues and those arising from indirectly connected matters. The present order dealt with the application filed by Pepsico for a ‘new variety’ of potatoes, used for its Lay’s chips. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

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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.

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Barry Sookman

MAY 4, 2020

Moreover, inventive activity may present itself in the selection, collection, cleansing and formatting of training data, and/or in the preparation and transformation of data for a particular training model. ” See Design Data Corp, 847 F.3d Unigate Enter., 3d 1169, 1173 (9th Cir. 2017) (quoting Torah Soft Ltd. Drosnin, 136 F.

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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. If so, his interview responses are in the public domain and can be freely published without any royalties to Trump.

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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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