Kluwer Copyright Blog

OCTOBER 17, 2023

From the output side, it is hotly debated whether content produced by a generative AI satisfies the protectability requirement under copyright law to trigger the exclusive protection. As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction.

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Copyright Art Copyright Law Licensing 125

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

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Copyright Government Law Editing 136

SpicyIP

JULY 3, 2022

Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating from script to screen. Disclaimer: Though the authors principally deal with copyright and music related matters, the thoughts and opinions expressed in this Article are personal.

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Copyright Music Public Domain Law 130

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.

Copyright 57

Copyright Public Domain Copying Litigation 57

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 ). The training process can involve reproductions of the training data…. .… data —reside).

Copyright 75

Copyright Government Copyright Law Reporting 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.

Music 72

Music Copyright Derivative Work Ownership 72

Copyright Lately

AUGUST 2, 2022

Frankly, if Barlow & Bear’s work doesn’t infringe Netflix’s exclusive right to create derivative works under copyright law, I’m not sure what would. Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners.

Music 114

Music Derivative Work Fair Use Cease and Desist 114

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

LexBlog IP

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.

Copyright 52

Copyright Public Domain Copying Litigation 52

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

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IP Intellectual Property Social Media Cease and Desist 98

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

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.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Public Domain work. Image Attribution: John Tenniel (1865).

Copyright 81

Copyright Blogging Intellectual Property Registration 81

Olartemoure Blog

JULY 26, 2024

On the other hand, in preliminary interpretation 256-IP-2021, the Court emphasized that the exception of incorporating works from the public domain should be applied under criteria of sound judgment. 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

Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

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 9.

Database Right 52

Database Right Licensing Public Domain Artwork 52

The IP Law Blog

DECEMBER 2, 2021

The defendants moved for summary judgment on the grounds that the elements claimed to be similar between You Raise Me Up and Soknudor were not actually “sufficiently similar” to support a finding of copyright infringement.

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Copyright Infringement Copyright Art Copying 98

LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

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. See, e.g. , SAS Institute v.

Registration 52

Registration Copyright Copying Editing 52

Copyright Lately

FEBRUARY 2, 2025

Public domain works are freeunless misinformation and aggressive claims deter the public from freely using them. public domain 95 years after their initial publication by Belgian artist Herg. January 27, 2025 email from Tintinimaginatio to Duke Law’s Center for the Study of the Public Domain.

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Public Domain Copyright Cease and Desist Publishing 98

LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” Morford , at 11. ” Id. ” Farley, at 839.

Copyright 52

Copyright Art Copying Derivative Work 52

IP and Legal Filings

MARCH 10, 2023

, “Does the author of any such work loses every right in terms of Copyright after the expiration of the time period mentioned under Section(s) 22, 26 and 27 and have no recourse to the same since the works are in public domain thereafter?”. The works will enter the public domain ultimately.

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Copyright Law Copyright Law Public Domain 98

Technology & Marketing Law Blog

MAY 13, 2024

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. That’s what copyright law is for.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

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. version did.

Public Domain 92

Public Domain Copyright Copyright Notice Publishing 92

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] In Danjaq LLC v. Sony Corporation [7] , the assignee of all U.S.

Trademark 98

Trademark Trademark Law Television Law 98

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Trademark law has something to say about use.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Controversy” [8] : The Litigation. Originals” [7] : The Works at Issue. Xpectation” [37] : Takeaways. Goldsmith , 11 F.4th

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Feist Publications, Inc. 102(a)(5) , a category that is defined to include photographs, 17 U.S.C.

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Fair Use Derivative Work Blogging Licensing 98

43(B)log

AUGUST 11, 2022

A: author of Esperanto consigned it to the public domain. Authors have options: they can surrender to the public; they can assert complete control; or something in between. In most cases, the spouse doesn’t contribute copyrightable creativity. She thinks there’s more flex in merger than Yoo does. But the US has not.

Ownership 80

Ownership Moral Rights Copyright Brands 80

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Trademark Copyright 143

SpicyIP

MARCH 18, 2025

Anushka is a third-year student at the National Law School of India University. She is interested in the AI/copyright interface and hopes to pursue a career in IP litigation, with a dash of AI policy on the side. [This post is authored by SpicyIP intern Anushka Dhankar. Long post ahead.]

Plagiarism 59

Plagiarism Ownership Law Public Domain 59

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. . “The basic premise of [S]ection 105.[is] ” H.R.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”?

Copyright 131

Copyright Blogging Publishing Fair Use 131