The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. Such inventions may be protectable under federal patent laws. After looking at all known IP assets, look into what may be unknown.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IPilogue

DECEMBER 10, 2021

copyright law, a particularly confusing subject for foreign works published before 1978. copyright law. Drawing on Twin Books , they argued, “a publication of a work in the United States without the statutory notice of copyright fell into the public domain,” as per the U.S. An Age-Old Debate.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

The IPKat

MAY 17, 2023

The intersection between IP and cultural heritage…is not only complex, but also sensitive, as it involves issues of morality, ethics and public policy. In the first chapter, Irini Stamatoudi sets out to explain the overlaps and clashes between IP and cultural heritage law. The book is presented in three main parts.

Intellectual Property 117

Intellectual Property IP Editing Art 117

SpicyIP

AUGUST 28, 2022

Appositely, while the ‘property’ image of IP has become a part of our legal consciousness, the nature of user interests is unclear. Translated documents suggest that the discussion on user interests started with a German proposal in 1884 seeking a “reciprocal right” of the public to use copyrighted works (page 91, here ).

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IP Copyright Fair Use Public Domain 138

The IP Law Blog

SEPTEMBER 28, 2023

Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.” Thus, the Court found Defendants did not provide any evidence that the work had been copied from the public domain.

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Public Domain Copyright Copying Registration 113

SpicyIP

MARCH 30, 2025

Shivam is an LLM candidate at NUS Law specializing in IP and Tech Laws and a Research Assistant at the Lumens Machine Learning Project. Actively collecting information behind paywalls is a separate offence under Section 65A of the Copyright Act so long as the purpose is violative of copyright;, simply using it is not.

Copyright 101

Copyright Copyright Infringement Public Domain Technology 101

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?" the PermaKat stated loud and clear, and I quote: “The short answer is: yes!

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Reporting Copyright Public Domain Law 62

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 110

Artwork Public Domain Moral Rights Art 110

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.

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Copyright Intellectual Property Copyright Law Artwork 52

IP and Legal Filings

MARCH 5, 2025

This brings us to the discussion of their personality rights, which confer upon an individual the exclusive right to govern how their persona is depicted in the public domain, particularly for commercial purposes.

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

IP and Legal Filings

JANUARY 16, 2024

This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized. The concept of CDL revolves around the idea of two major doctrines under Copyright law i.e. Doctrine of fair use and doctrine of exhaustion. Internet Archive, 542 F.Supp. 1156 (2023). [2]

Copyright 98

Copyright Fair Use Public Domain Copying 98

IPilogue

MARCH 21, 2022

Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. Some of the most notable arguments are included in a joint submission on the public consultation by 14 Canadian IP scholars.

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Registration Copyright Intellectual Property Public Domain 119

Trademark and Copyright Law Blog

MARCH 11, 2021

As one of Foley Hoag’s several resident video game nerds, this reminded me of one of my favorite video-game-related IP disputes. I’ll see if I can wrangle up some interesting Mario IP issues for a future post! Story first appeared on Trademark and Copyright Law.

Public Domain 98

Public Domain Trademark Copyright Infringement Licensing 98

The IPKat

SEPTEMBER 16, 2024

The book employs comparative and analytical methods to explore the harmonization of intellectual property (IP) law within the Trans-Atlantic context, with a strong focus on the intersections of culture and trade. Focusing on artificial intelligence, the third section explores how technological advancements challenge IP harmonization.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property Law Public Domain 62

SpicyIP

APRIL 18, 2025

This is a bit of a twist: a purely functional drawing isnt protectable as a design (no aesthetic), but as a technical drawing its still an artistic work under copyright (Indian copyright law doesnt require artistic merit). This prevents an overly broad use of Section 15(2) to even kill copyrights in purely functional drawings.

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Designs Design Copyright Artistic Work 59

Dear Rich IP Blog

MARCH 5, 2022

The reverse principle -- it is a violation of copyright law to create a sculpture of a photograph -- has also been followed by the courts. Few photographers of publicly-viewable statues need to worry about copyright lawsuits. In the real world.

Fair Use 99

Fair Use Public Domain Copyright Copyright Law 99

IP and Legal Filings

JANUARY 23, 2023

The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law. x] Person & Kelley S.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Dear Rich IP Blog

JUNE 20, 2023

Despite the publication date, I can't tell if this book is in the US public domain. It appears to have been only published in the UK, and I've seen evidence the copyright was renewed in the 30's. I have a recent UK copy of the book, and it has no copyright notice.

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Public Domain Copyright Notice Publishing Copyright Law 52

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.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

Intepat

SEPTEMBER 15, 2023

To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright. Copyright laws are designed to safeguard the rights of creators. Historically, these rights have been attributed to human creators, forming the cornerstone of copyright law.

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Art Copyright Ownership Non-Fungible Tokens 105

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. Lately, IP offices and the judiciary have started to decide on the copyrightability of AI-generated outputs.

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Copyright Art Copyright Law Licensing 125

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.

Copyright 98

Copyright Public Domain Copying Publishing 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. Copyright law protects just the expression, not the idea itself.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

The IPKat

DECEMBER 23, 2023

But don’t stop reading if your passion lies along other branches of IP law, because this volume has plenty to say about copyright, trademarks, and more. The other two chapters turn to the conceptualisation of nature in patent law. yet this relationship has received very little attention.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

Dear Rich IP Blog

APRIL 16, 2020

Does the absence of the insignia mean that the film is public domain? Nowadays, the publication of a film without copyright notice won't effect ownership, but in 1964, the penalty was draconian. If the copyright owner failed to include a copyright notice on "The Naked Kiss," then it would likely be in the public domain.

Copyright Notice 52

Copyright Notice Public Domain Copyright Ownership 52

IP and Legal Filings

SEPTEMBER 20, 2023

But, as an exception, the doctrine of merger provides that if the expression of an idea is merged with the idea itself, then such an expression can also be denied copyright protectio n. The absence of this doctrine would defeat the very purpose of copyright law. qualifies for copyright protection. of India, L.P.

Copyright 98

Copyright Copyright Law Invention Public Domain 98

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Therefore, AI may not equipped for generating an original work. Hence, ownership is not granted to the AI.

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

SpicyIP

MARCH 15, 2022

The provision does not apply to individual words, very short abstracts, scientific and academic blogs, journals and publication, mere facts reported in the publication, or works that are already in the public domain and hyperlinked.The right does not have an originality threshold.

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Publishing Marketing Marketing Advertising 105

LexBlog IP

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. Such inventions may be protectable under federal patent laws. After looking at all known IP assets, look into what may be unknown.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. The book closes with Chapter 21 by Susy Frankel, focusing on the interactions between IP and traditional knowledge (TK).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

Now that we are a month into the new year, and the fireworks have faded and the noisemakers are packed away, we take a moment to highlight a few notable developments in the IP world that made a somewhat quieter entrance on the scene when the clock struck midnight. Look for it soon at your favorite independent bookstore!

Public Domain 52

Public Domain Trademark Copyright Registration 52

Olartemoure Blog

JULY 26, 2024

In preliminary interpretation 237-IP-2021, the Court stated that the non-commercial use of a trademark without the owner’s authorization does not constitute trademark infringement. Moreover, this incorporation must not undermine the normal exploitation of the work or affect the copyright owner.

Intellectual Property 52

Intellectual Property Public Domain Trademark IP 52

IP and Legal Filings

NOVEMBER 18, 2021

NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails. How are IP Rights and NFTs related? Copyright law in India is governed by the Copyright Act, 1957.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

The IP Law Blog

APRIL 6, 2023

The Copyright Office has stated that it will not recognize copyright in AI-generated work, and due to pre-emption, state law cannot provide similar protection. Therefore, any work generated by AI technology is considered to be in the public domain and available for anyone to use.

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Copyright Registration Social Media Public Domain 98

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.

Copyright 52

Copyright Public Domain Marketing Marketing 52

IP Tech Blog

MAY 18, 2023

Because the jury is charged with determining whether the defendant copied original elements of the copyrighted work, Judge Gilstrap held an evidentiary “copyrightability” hearing to “filter” out the non-original, non-copyrightable elements of the plaintiff SAS’s software.

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Copyright Public Domain Copying Litigation 57