Kluwer Copyright Blog

NOVEMBER 5, 2024

Using WIPO’s words : “ AI-generated” and “generated autonomously by AI” are terms that are used interchangeably and refer to the generation of an output by AI without human intervention. The choice not to define computer programs was intended precisely to futureproof the law. However, the difference is relevant.

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Copyright Designs Design Copyright Law 72

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. The Indian Copyright Act stipulates that the duration of copyright for pseudonymous works is 60 years from the date of publication.

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Copyright Moral Rights Ownership Publishing 52

IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Ownership and Enforcement. Copyright Ownership. Two ideas of ownership have emerged under copyrights.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? I. GenAI at odds with copyright law?

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Copyright Higher Education Copyright Infringement Ownership 130

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art.

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Art Copyright Ownership Non-Fungible Tokens 105

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. Photo by Markus Spiske on Unsplash. We started this rubric back in 2021. On 10 March 2022, AG Pitruzzella issued his opinion in RTL Television.

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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.

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The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? The phrase ‘original works of authorship’ under §102(a) of the Act sets limits to what can be protected by copyright. As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human.

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Copyright Artistic Work Copyright Law Contracts 145

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.

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Copyright Copyright Law Fair Use Law 138

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.

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Music Copyright Ownership Copyright Law 103

TorrentFreak

JANUARY 27, 2023

. “The following websites have stolen my copyright and they have no right to sell them, please remove the following links from search results,” ‘Musk’ writes in one of the requests, citing one of his ‘own’ tweets. — From: TF , for the latest news on copyright battles, piracy and more.

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Designs Design Copyright Law Reporting 140

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars. Ownership of copyright in the lectures presented by the speakers. Ownership of copyright in the lectures presented by the speakers.

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Fair Use Ownership Licensing Copyright 52

IIPRD

JANUARY 7, 2025

Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. As AI-generated works blur the lines of authorship and ownership, existing IP frameworks face significant tests, calling for responsive legal adaptations.

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SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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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

SpicyIP

JULY 29, 2021

But as I will discuss in this post, they fulfill the eligibility criteria as provided under the Copyright Act, 1957. Typeface’ refers to the particular design of letters, numbers, marks and symbols. What we colloquially refer to as ‘font’ is actually the typeface as font changes with the size, italic, bold, and style.

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Copyright Artistic Work Copyright Law Law 126

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?

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Copyright Copyright Law Business Intellectual Property 124

The IPKat

FEBRUARY 3, 2023

First, an original work can be protected by copyright law only if it meets two requirements: - originality, i.e., objective novelty compared to creative works or segments of previous creation; - creativity. Creativity under Article 1 of Law No. Creativity under Article 1 of Law No.

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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.

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Artwork Contracts Ownership IP 98

IP and Legal Filings

JANUARY 23, 2023

[Image Sources : Gettyimages] One of the important issues in online is copyrights. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. iii] NFTs are limited to having a single owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

IP and Legal Filings

MARCH 5, 2025

10] [Image Sources: Shutterstock] The right to publicity (personality rights) may also be construed as a property right, when commercial value is derived from an individual’s persona, and its ownership parallels that of tangible property. 11] WHY THE CONTEMPORARY SITUATION BEST BE DEALT WITH CODIFICATION OF PERSONALITY RIGHTS?

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Personality Rights Privacy Journalism Copyright 84

IPilogue

NOVEMBER 30, 2021

In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. Old Laws Protect New Trends.

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

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.

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Blogging Intellectual Property Journalism Social Media 59

TorrentFreak

SEPTEMBER 7, 2023

Like many other countries around the world, India’s copyright law allows rightsholders to limit access to pirate sites. These dynamic orders are justified to deal with persistent pirate sites, which are regularly referred to as a “hydra-headed” problem; when one domain is blocked, many others take its place.

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Copying Copyright Ownership Copyright Law 130

SpicyIP

JULY 5, 2021

The CPIO hasn’t referred to the date of US patent application, but considering that the RTI application has been filed on/before 26/03/2019, it has already been more than 2 years since. the CPIO hasn’t referred to the candidate furnishing any proof to further his intentions to get the patent.

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Patent Application Invention Confidentiality Copyright Law 131

SpicyIP

JULY 29, 2021

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. The Report does not establish any linkage between the two, leaving unclear why students from private institutions should be deprived of copyright exceptions.

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Copyright Reporting Fair Use Copyright Law 119

IP and Legal Filings

OCTOBER 12, 2023

Introduction India has a rich culinary legacy, in recent times, the growth of Indian cuisine has seen a tremendous commercial surge both domestically and internationally which has led to an increased need for the protection of recipes to ensure their authenticity and provide ownership rights to the actual creator of the recipe.

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Copyright Intellectual Property Ownership Fair Use 98

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

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Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

MAY 1, 2023

What is Copyright The term “copyright” describes a group of legal privileges that belong to the person who first created an original work of authorship, such as a piece of literature, music, film, or software. The owner of the copyright, or the person who created the original work, has control over it.

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Copyright Infringement Copyright Copyright Law Copying 98

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Copyright Copyright Law Ownership Copyright Infringement 105

The IPKat

JANUARY 2, 2022

TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., disputes between domain names and trademarks).

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Blogging IP Non-Fungible Tokens Cease and Desist 127

Kluwer Copyright Blog

JANUARY 5, 2023

But if we try to solve the issue of ownership and decide on who should hold the heritage that has not disappeared and that is still around, 3D digitisation is actually not that helpful, and it would be insensitive to even question if any country would give up on the repatriation requests if they were given a digital copy.

Copying 72

Copying Copyright Ownership Intellectual Property 72

Kluwer Copyright Blog

SEPTEMBER 29, 2021

It is interesting to explore what implications this decision could have in the field of copyright. The DABUS case refers to an international patent application where AI DABUS was listed as an inventor. One could speculate about the impact this decision could have in the field of copyright law. About the DABUS decision.

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Inventor Copyright Law Copyright Law 75

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods. Discussing the US decision in Hachette Book Group v. 2 does not have a registered trademark.

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Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art.

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Copyright Copying Non-Fungible Tokens Copyright Law 135

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

CopyrightsWorld

FEBRUARY 15, 2021

The law that is our reference for answering this question is the Digital Millennium Copyright Act (DMCA). To do so, make sure that you have strong evidence of copyright ownership as you will need it when you engage in a legal dispute. . Copyright basics still apply in the digital world. Conclusion.

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Copyright Infringement Licensing Social Media Copyright 75