Patently-O

FEBRUARY 20, 2024

The business-owner focused group appears to be concerned about expansions of the discovery rule to other areas of federal and state law. The outcome of the case will directly shape licensing markets and the viability of old copyright claims. See 38 U.S. Under 35 U.S.C. §

Music 105

Music Copyright Due Diligence Licensing 105

Traverse Legal Blog

MARCH 8, 2022

The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law. Copyrights protect original works of authorship, such as the digital asset being offered with the NFT. Due diligence is critical.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Patently-O

MAY 9, 2024

It seems unlikely that the outcome of Corner Post would directly contradict the assumption of a discovery rule in copyright law, but it may well serve as an important influence. of Governors, FRS , No. 22-787 (argued Feb. 20, 2024). And, the majority did not delve into the merits of the discovery rule itself.

Copyright 89

Copyright Music Due Diligence Licensing 89

IP and Legal Filings

JULY 13, 2022

Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only due diligence and effort, rather than originality and creativity in order to be granted copyright protection. What is the Indian take on originality v. creativity?

Copyright 95

Copyright Artistic Work Designs Design 95

The IPKat

AUGUST 27, 2023

It brought us insights on platform liability under copyright law, safe harbours, and injunctions. Germany’s Bundesgerichtshof (BGH, the Federal Court of Justice) has since ruled in the cases that were the foundation of the referrals (Katpost here ).

Copyright Infringement 94

Copyright Infringement Due Diligence Advertising Advertising 94

azrights

AUGUST 11, 2022

Would they be infringing your copyright though? Is the output infringing copyright? If so, that image would infringe copyright in the original. So, if you’re intending to use an unusual, highly distinctive image generated by AI, you may want to do some due diligence to establish that there is no obvious infringement.

Copyright 97

Copyright Due Diligence Designs Design 97

LexBlog IP

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. This can serve as evidence of due diligence in case of legal scrutiny.

Copyright 52

Copyright Copyright Law Fair Use Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. This can serve as evidence of due diligence in case of legal scrutiny.

Copyright 52

Copyright Copyright Law Fair Use Intellectual Property 52

LexBlog IP

APRIL 13, 2022

This article highlights for you a handful of issues that should be considered when conducting due diligence prior to the purchase or license of costly new software. Generally, the issues we will highlight for you pertain to: Copyright ownership. Use of open source code. Existence of prior licenses. IP Infringement Risks.

IP 52

IP Due Diligence Ownership Licensing 52

LexBlog IP

FEBRUARY 11, 2024

Much of that content is protected by copyright laws. The Perks of Using Copyrighted Content: Should We Feed the Machine? Knowing the boundaries of copyright law isn’t just wise; it’s an imperative. Are you safeguarding your innovations with due diligence?

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. While NFT-related marks are clearly protected under US law, the laws of other countries might differ. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Branding 62

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 8.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? It would have taken a bit of due diligence, but not much. NFT enthusiasts envision a fictional world of fan-owned creative properties and character crossovers. Definitely. The warning signs were all there.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

IIPRD

JANUARY 24, 2023

Contrary to copyright laws, however, patent laws do not contain a comparable provision giving employers the right to inventions made by their employees while they were working for them. Branding and Trademark Branding is crucial for promoting a company’s identity, attracting customers, and providing high-quality services.

IP 52

IP Invention Intellectual Property Due Diligence 52

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. While NFT-related marks are clearly protected under US law, the laws of other countries might differ. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

MAY 15, 2024

Under the “discovery rule,” the limitations period begins to run when “the plaintiff discovers, or with due diligence should have discovered, the injury that forms the basis for the claim.” This Court could clarify that and do good in providing uniform administration of copyright law. Petrella , 572 U.S.

Music 105

Music Blogging Copyright Ownership 105

LexBlog IP

DECEMBER 6, 2021

Copyright Protection for Source Code. In 1979, Congress decided that software source code would qualify for a similar scope of protection as literature under copyright law due to its typographical nature. Important Patent Considerations: Do your homework: Often, the best place to start is with Due Diligence.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

Kluwer Copyright Blog

JANUARY 18, 2022

To achieve these aims, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content. Against this background, the European Copyright Society (ECS) issued on 17 January 2021 a comment on “Copyright and the Digital Services Act”.

Copyright 128

Copyright Due Diligence Art Copyright Law 128

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

FEBRUARY 24, 2023

Photo by Christian Wiediger from Unsplash 2021 saw a very active German Bundesgerichtshof (“BGH” – Federal Supreme Court) in the area of copyright law. This article covers the most relevant copyright law decisions of the BGH from that year. Part II will cover claims under copyright law and collecting societies.

Law 52

Law Copyright Due Diligence Copyright Infringement 52

IIPRD

NOVEMBER 14, 2023

13] It has specifically mentioned provisions about the mandate of exercising due diligence and caution while detecting such shams. The exception here is that due diligence must be exercised by them. Furthermore, Rule 3 of IT [16] Act similarly specifies for due diligence. In the case of Tiffany v.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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

Kluwer Copyright Blog

JUNE 19, 2023

Under traditional copyright law, the purchase of an NFT representing a work in which copyright subsists does not automatically confer copyright ownership in the underlying work ( the traditional approach ). UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IIPRD

FEBRUARY 8, 2024

Although cloud offerings are often global and multi-jurisdictional, the IP laws governing services generally remain territorial and national. Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. Thus, in Tiffany(NJ) Inc.

Intellectual Property 52

Intellectual Property IP Government Technology 52

TorrentFreak

JULY 23, 2023

Our bare metal servers are located in third-party data centers that are operated by trusted business partners with whom we have completed serious due diligence. We perform proper due diligence to ensure that the partners are reliable. Yes, these are implemented using platform tools. We do support dual-stack functionality.

Privacy 140

Privacy IP Technology Reporting 140

The IPKat

AUGUST 11, 2022

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. This post reviews KECOBO’s advisory in the light of Kenya’s copyright law and policy. This is so for several reasons but this post highlights two.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

IP and Legal Filings

DECEMBER 6, 2024

Media and entertainment law, which is a part of intellectual property law, plays a vital role in dealing with these issues by defending the rights of artists, producers, and distributors.

Copyright 52

Copyright Intellectual Property Social Media Television 52

Kluwer Copyright Blog

NOVEMBER 27, 2024

Generated with OpenAI’s DALL-E 3 model based on a prompt corresponding to the wording of Recital 106 AI Act Introduction The interaction between the AI Act ( Regulation 2024/1689 ) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today.

Copyright 139

Copyright Copyright Law Marketing Marketing 139

Kluwer Copyright Blog

JANUARY 13, 2025

However, when applying the case law on video-sharing and file-hosting platforms to online marketplaces, the specific features of online marketplaces must be taken into account.

Cease and Desist 59

Cease and Desist Copyright Copyright Infringement Journalism 59

Kluwer Copyright Blog

DECEMBER 16, 2024

The Codes objectives emphasise that the Providers should ensure and demonstrate compliance with their obligations under the AI Act, enable the AI Office to assess compliance, integrate AI models effectively, follow EU copyright law, and continuously manage systemic risks.

Copyright Law 75

Copyright Law Due Diligence Copyright Technology 75