Erik K Pelton

JULY 14, 2022

The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. And that is a specific, important phrase in copyright law. Lots of us use others to help create content online. And there’s nothing wrong with that, of course. And this is shocking to many people.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Kluwer Copyright Blog

NOVEMBER 5, 2024

The choice not to define computer programs was intended precisely to futureproof the law. 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.” At the EU level, there is no definition of a computer program.

Copyright 72

Copyright Design Designs Copyright Law 72

The IPKat

FEBRUARY 3, 2023

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. This decision was rendered in the context of proceedings concerning the alleged unlawful use of an art work created using software in a past edition of said Festival.

Art 99

Art Copyright Artwork Editing 99

IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Copyright Act regulates the works which are created by humans only.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

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?

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

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 copyright in these two titles expired at the beginning of 2021. More from our authors: Law of Raw Data. Photo by Markus Spiske on Unsplash.

Copyright Law 64

Copyright Law Copyright Law Music 64

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. It cited its AI Registration Guidance, 88 Fed.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

IP Tech Blog

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. Ownership and Enforcement. Even if copyright is accepted in both the US and China as the most suitable IP for NFTs protection, challenges remain. Copyright Ownership. Two ideas of ownership have emerged under copyrights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

The IPKat

MAY 17, 2023

This is a review of Research Handbook on Intellectual Property and Cultural Heritage , edited by Irini Stamatoudi , Professor of Intellectual Property Law and Cultural Heritage Law at the University of Nicosia. The edited collection does this through 29 chapters from an impressive list of contributors: Leila A.

Intellectual Property 119

Intellectual Property IP Editing Art 119

IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties.

Music 103

Music Copyright Ownership Copyright Law 103

Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. For podcasters, ensuring copyright compliance should be as fundamental as sound editing or episode planning.

Licensing 52

Licensing Copyright Public Domain Music 52

SpicyIP

MARCH 1, 2025

Through the Copyright Amendment Act, 2012, DRM and TPMs received a legal sanction as the newly introduced Section 65A (1) criminalised the act of circumventing the DRM with the intention to infringe on copyright laws. But the same is not applicable for the rest of the world including India.

Copying 59

Copying Editing Licensing Copyright 59

IP and Legal Filings

MAY 13, 2024

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. As a result, using AI for producing content is only eligible for an infringement of copyright if the data used by AI violates copyright.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. Learn more about NFT Copyright Issues here. nThe book and the copyright ownership are two distinct things.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Copying Ownership 97

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

Artwork 98

Artwork Contracts Ownership IP 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.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Kluwer Copyright Blog

DECEMBER 17, 2024

In the complicated landscape of genAI and copyright law, several different themes have emerged as particularly thorny and triggering the interests of different stakeholders. The Institute is actively exploring the impact of genAI on copyright law via a dedicated series of events, roundtables, lectures and publications.

Publishing 52

Publishing Reporting Branding Brands 52

SpicyIP

JANUARY 31, 2025

Analysing the intersection of journalistic privilege and copyright law. The role of IP law in combating the spread of misinformation and disinformation. Analysing the impact of Indian copyright law on fair use in academic and critical writing. The challenges of protecting literary works in the digital age.

Blogging 59

Blogging Intellectual Property Journalism Social Media 59

Kluwer Copyright Blog

NOVEMBER 2, 2021

Although the author worked under the terms of a collective bargaining agreement when he penned the movie, the right to ownership was governed by copyright law and not labor law. A full summary of this case has been published on Kluwer IP Law. More from our authors: Law of Raw Data. Case number: No.

Copyright 52

Copyright Intellectual Property Law Ownership Intellectual Property 52

The IPKat

FEBRUARY 16, 2024

This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University.

Intellectual Property Law 115

Intellectual Property Law Intellectual Property Law Non-Fungible Tokens 115

SpicyIP

JULY 29, 2021

Section 51 deals with infringement, not exceptions, and Sub-section 51(1) does not even exist – showing how carelessly the Report has been drafted and edited.]. Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. 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

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 72

Music Copyright Derivative Work Ownership 72

IPilogue

OCTOBER 4, 2024

His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship. If so, we might ask whether recognizing the copyright status of such contributions could address these workers’ invisibility.

Copying 75

Copying Ownership Graphic Design Copyright 75

IP and Legal Filings

JANUARY 24, 2023

8] Who Owns The Copyright In Ai? When it comes to AI, there are various entities for which a claim for copyright could be made: Programmer: One of the main contention of granting ownership to AI is that it is the programmer who designs, creates, or trains the computer software, without which the AI system would not have been created.

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

The IPKat

JANUARY 2, 2022

COPYRIGHT Giovanni Maria Riccio and Fabiola Iraci Gambazza (E-Lex law firm) reported on the recent publication of the European Audiovisual Observatory entitled " Mapping report on national remedies against online piracy of sports content ", commissioned by the European Commission. disputes between domain names and trademarks).

Blogging 127

Blogging IP Non-Fungible Tokens Cease and Desist 127

Kluwer Copyright Blog

SEPTEMBER 4, 2023

The Italian ‘ floral fractal ’ case This case concerned the commercial exploitation of a graphic work depicting a floral composition, adopted as a fixed background during the 2016 edition of the Sanremo Festival.

Art 80

Art Editing Copyright Ownership 80

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

Traverse Legal Blog

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. This article explores the intricate world of AI and copyright, providing insights and guidance for those at the forefront of digital content creation. Understanding the U.S.

Copyright 52

Copyright Content Creation Graphic Design Copyright Law 52

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? by Alexander Puutio. €

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

LexBlog IP

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. This article explores the intricate world of AI and copyright, providing insights and guidance for those at the forefront of digital content creation. Understanding the U.S.

Content Creation 52

Content Creation Copyright Graphic Design Ownership 52

LexBlog IP

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. Ownership and Enforcement. Even if copyright is accepted in both the US and China as the most suitable IP for NFTs protection, challenges remain. Copyright Ownership. Two ideas of ownership have emerged under copyrights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 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. on November 16, 1949.

Public Domain 89

Public Domain Copyright Copyright Notice Publishing 89

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? What about editing some NBA Top Shots moments to create a fantasy matchup between Michael Jordan and Steph Curry? Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. You Own the NFT. ” Sounds pretty good, right?

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

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. Helena Vasconcelos (et.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

Kluwer Copyright Blog

OCTOBER 23, 2024

Secondary Publication Rights as Enablers of (Green) Open Access SPRs are rights under copyright law that allow authors of publicly funded scientific research to post their published works on institutional websites and repositories, without the need for permission from the publishers that often own the copyrights.

Publishing 81

Publishing Journalism Copyright Editing 81