IP and Legal Filings

MARCH 30, 2023

Schechter’s 1927 Harvard Law Review article, in which he explained dilution as the gradual elimination of the distinctive image of a trademark in the minds of the public, on account of the use of the trademark for non-competing goods. [2] Schechter, ‘The Rational Basis of Trademark Protection’ (1927) 40 HARV. 813, 825. [3] 4] 15 U.S.C.

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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. by Edward J.

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Copyright Related Rights Artistic Work Public Domain 55

IIPRD

JULY 4, 2021

However, the word emoji itself is not subject to protection awarded to intellectual property in general, but unlike the Indian Law, the US Law awards protection to emoji in certain cases. This may be explained by taking into consideration copyright, trademark as well as other intellectual property regimes.

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Intellectual Property Copyright Law Trademark Trademark Law 40

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

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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LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Blogging Copyright Contracts Cease and Desist 87

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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Ownership Copyright Fair Use Intellectual Property 52

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 55

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 58

SpicyIP

NOVEMBER 16, 2023

student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law ]. Image from here [ This post is co-authored with Tejaswini Kaushal with inputs from Swaraj and an anonymous reader. Tejaswini is a 3rd-year B.A.

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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

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. Configure the RSS (Really Simple Syndication or Rich Site Summary) Feed on the WordPress site to keep yourself updated about the website.

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Intellectual Property Blogging Fair Use Registration 98

IPilogue

DECEMBER 10, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. copyright law, a particularly confusing subject for foreign works published before 1978. copyright law. Copyright Act of 1909. Background.

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Copyright Infringement Copyright Public Domain Ownership 111

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 107

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. But not so fast.

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Public Domain Intellectual Property Copyright Trademark 52

SpicyIP

MARCH 15, 2022

Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

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The IPKat

JUNE 26, 2022

The application should indicate whether the contribution has already been published or is a work in progress and whether the author(s) is(are) available to join the conference in person or online. Preference will be given to applicants willing to make in-person presentations. Successful applicants will be notified by the end of July.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

Kluwer Copyright Blog

APRIL 28, 2022

Additionally, automated blocking may only take place in cases where the blocking of works or other subject matter in the public domain or for which platform users may have obtained a licence is ruled out [para. 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 105

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” And it doesn’t have to be a paid performance to qualify,” as Dr Hayleigh Bosher, Senior Lecturer in Intellectual Property Law at Brunel University London, notes.

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Ownership Copyright Government Intellectual Property 52