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.

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Intellectual Property IP Editing Art 119

Kluwer Copyright Blog

MAY 3, 2022

We welcome contributions that address the following topics in an EU and comparative perspective: copyright exceptions and limitations. copyright internal limits. copyright and the public domain. copyright and fundamental/human rights. balancing of copyright law with competition law and consumer law.

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Copyright Intellectual Property Law Public Domain Intellectual Property 98

Kluwer Copyright Blog

FEBRUARY 5, 2025

Also included in the archive are IViRs comprehensive study on the harmonization of European copyright law , as well as the first two editions of Paul Torremans monumental collection on the intersection between intellectual property and human rights. More volumes will be added to the online archive in due course.

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Law Copyright Public Domain Editing 59

Velocity of Content

DECEMBER 19, 2023

Copyright protection exists from the time the work is created in a fixed, tangible form of expression. The copyright in the work of authorship immediately becomes the property of the author who created the work. Make it easy for employees to get up-to-speed by checking out our Copyright Education programs. Copyright Act of 1976.

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Copyright Music Public Domain Television 98

Kluwer Copyright Blog

NOVEMBER 19, 2021

André starts by explaining that although they are traditionally referred to as “exceptions and limitations” of copyright, this paper refers to them as “user rights” to reflect the complex layers of this issue. Working Group 4 — Beyond Copyright: the Ethics of Open Sharing. More from our authors: Law of Raw Data.

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Copyright Intellectual Property Law Public Domain Copyright Law 116

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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Non-Fungible Tokens IP Ownership Contracts 98

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.

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Copyright Intellectual Property Ownership Technology 98

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!

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Intellectual Property Law Intellectual Property Law Public Domain 64

The IPKat

APRIL 30, 2024

Should the EU unify copyright laws? The session started with the highly disputed topic of copyright unification with Prof. see Katpost here ) When finally addressing the question, "Should the EU unify copyright laws?" And in a world brimming with trademarks, what is the ultimate purpose of the public domain?

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Reporting Copyright Public Domain Law 64

IP and Legal Filings

MAY 3, 2023

Here, merely automated and mechanical work that lacks originality is also protected by the said copyright doctrine. For instance, in accordance with this doctrine, the author would be entitled to copyright protection if someone collected different poems that were previously in the public domain and produced in a single document.

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Copyright Public Domain Copying Publishing 98

Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

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Art Copyright Public Domain Copyright Law 52

TorrentFreak

SEPTEMBER 24, 2024

The Anne Frank Copyright Battle While early versions are presumably in the public domain in several countries, the original manuscripts are protected by copyright in the Netherlands until 2037. As a result, the copies published by the Dutch Anne Frank Stichting , are blocked for Dutch visitors.

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Copyright Publishing Art Copying 120

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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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

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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Trademark Public Domain Copyright Cease and Desist 59

SpicyIP

FEBRUARY 9, 2023

While it’s understandable how and why the law of contempt and the IT Act will be applied, the position on copyright infringement is not particularly clear. Additionally, when the law of contempt already exists, it’s unclear what benefit copyright law brings.

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Copyright Government Law Editing 136

Copyright Lately

SEPTEMBER 8, 2024

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

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Publishing Copying Fair Use Licensing 97

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

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Intellectual Property Design Designs Intellectual Property Law 75

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.

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Music Copyright Derivative Work Ownership 72

Kashishipr

MAY 25, 2021

Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law. Since they are creative, IP laws are the correct choice to safeguard and enforce such rights in the form of trademarks and copyright.

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Intellectual Property Blogging Fair Use Registration 98

Kluwer Copyright Blog

APRIL 18, 2024

No amendment offered in public session. Delete Article 11(3) (three-step test) or apply only to additional exceptions: (3) Contracting Parties shall confine any additional limitations of or exceptions to …” Add: “, taking account of the legitimate interests of third parties ” No amendment offered in public session.

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Public Domain Contracts Copyright Licensing 69

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

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Copyright Government Copyright Law Reporting 75

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

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 75

Kluwer Copyright Blog

DECEMBER 12, 2021

Additionally, all proprietary and open source software licensing rely on copyright protection. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). Thus, questioning whether EU copyright law provides adequate protection for ML models is not a naïve endeavour.

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Copyright Public Domain Intellectual Property Database Right 52

Kluwer Copyright Blog

MARCH 14, 2022

There are also numerous benefits to AI-generated works remaining in the public domain, including including enabling low-cost access to those works by others and their use for the generation of new (scientific) knowledge’. Attaching to that output long term proprietary claims risks paralysing the public domain.

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IP Public Domain Copyright Intellectual Property 64

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. More from our authors: Law of Raw Data.

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Copyright Intellectual Property Law Public Domain Copyright Law 59

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

MAY 17, 2023

The first research-oriented-only flexibility introduced in EU copyright law – Article 3 CDSM Directive on text and data mining for research purposes – has also been implemented almost verbatim by Member States, with only a few divergences on permitted uses and beneficiaries, usually in favour of broader approaches. Public domain.

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Reporting Copyright Public Domain Copying 52

IP Intelligence

AUGUST 15, 2023

copyright law protects human-authored expression, not works generated purely by generative AI. When a human author uses generative AI tools to create their work, the scope of copyright protection extends to the human-authored aspects of the work, not the AI-generated material within that work.

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Kluwer Copyright Blog

MARCH 29, 2022

This two-part post focuses on the ‘very shorts extracts’ (VSE) exclusion and its ongoing implementation into Member State laws. A pertinent example of a limitation in EU copyright law is the concept of ‘public’ within the right of communication to the public. More from our authors: Law of Raw Data.

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Publishing Related Rights Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). Unsurprisingly, the restriction of Art.

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Publishing Art Related Rights Marketing 52

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. The uses comprised eighty-seven seconds of the 2001 Documentary (3.7%), edited into seventy-five seconds—“a selection of stunts and two short interview segments.”

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Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. copyright terms. copyright terms. Here’s what it all means.

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IP and Legal Filings

NOVEMBER 18, 2021

Since NFTs are mostly restricted to artwork or other forms of expression of creativity, especially digital art, at this point in time the major discussion is the impact NFTs have on copyright law. Copyright law in India is governed by the Copyright Act, 1957.

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IP Non-Fungible Tokens Ownership Artwork 52

Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. Today, Italian law, following the implementation of Art.

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Copyright Intellectual Property Copyright Law Art 53

Copyright Lately

DECEMBER 15, 2024

As two social media influencers fight it out in court, a lawsuit over “sad beige” aesthetics sparks debate about creativity, commerce and copyright law. By now, youve no doubt heard about the copyright lawsuit shaping up to be 2024s version of Who Is the Bad Art Friend? You cant copyright a vibe.

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Copyright Social Media Copying Copyright Law 81