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.

Copyright 98

Copyright Intellectual Property Law Public Domain Intellectual Property 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. ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use.

Copyright 89

Copyright Intellectual Property Ownership Technology 89

Kluwer Copyright Blog

NOVEMBER 19, 2021

Over the last few months, each working group has discussed, researched and dissected these issues, and produced four Position Papers encapsulating their outcomes, available now on the CC Medium Publication. Max kicked things off presenting WG 1’s paper Key Findings of the Creative Commons Working Group on Copyright and AI.

Copyright 108

Copyright Intellectual Property Law Public Domain Copyright Law 108

The IPKat

MAY 17, 2023

The book is presented in three main parts. Where a state classifies a public domain work as a national treasure there would be no issue. However, if the work was still protected under copyright this would be an invasion into the private sphere of a rightsholder, deeming the recognition of a national treasure a deprivation.

Intellectual Property 114

Intellectual Property IP Editing Intellectual Property Law 114

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. Otherwise, such a claim does not arise.

Fair Use 58

Fair Use Public Domain Copyright Litigation 58

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 56

Trademark Public Domain Copyright Cease and Desist 56

The IPKat

APRIL 8, 2022

But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. And, while the copyright laws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. Enter the copyright laws.

Derivative Work 132

Derivative Work Copyright Cinema Copyright Law 132

Kluwer Copyright Blog

APRIL 5, 2023

On appeal from an earlier order, the present ruling affirmed the Court of Venice’s competence to rule on the infringing conduct, i.e., the use of the work’s image to produce and distribute puzzles faithfully reproducing it by all the companies of the Ravensburger group. Nonetheless, this case is anything but balanced. 633/1941, l.

Public Domain 98

Public Domain Copyright Law Artwork 98

Kluwer Copyright Blog

APRIL 18, 2024

But the present draft clearly reaches such content. [2] No amendment offered in public session. Measures A prohibition on circumvention of TPMs could extend protection to materials in the public domain or prevent the exercise of exceptions. 3] The current chair’s draft contains a national treatment clause (article 5.2)

Public Domain 61

Public Domain Contracts Copyright Licensing 61

Technology & Marketing Law Blog

MAY 13, 2024

For the trespass to chattels claim, the court quoted Hamidi in saying that “[s]hort of dispossession, personal injury, or physical damages (not present here), intermeddling is actionable only if the chattel is impaired as to its condition, qualify, value, or. That’s what copyright law is for. citations omitted) X Corp.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Second, although mere facts and data as such are not protected by copyright, their extraction from protected subject matter (works, non-original databases, etc.) Image by Gerd Altmann from Pixabay.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Kluwer Copyright Blog

NOVEMBER 6, 2023

Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union (see Blaszczyk ). The recent United States’ case law shows that other jurisdictions may not follow suit. This is, in fact, one of the great beliefs of modern jurisprudence.

Copyright Law 61

Copyright Law Copyright Public Domain Artistic Work 61

Plagiarism Today

SEPTEMBER 21, 2021

They have a lengthy and aggressive history when it comes to protecting their rights , even as many of their stories are based on public domain tales. The company is also routinely accused of having an outsized impact on copyright law , including the Sonny Bono Copyright Term Extension Actt of 1998.

Plagiarism 207

Plagiarism Graphic Design Copying Artwork 207

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 62

Ownership Moral Rights Public Domain Intellectual Property 62

IPilogue

MARCH 21, 2022

Some of the most notable arguments are included in a joint submission on the public consultation by 14 Canadian IP scholars. They recommended against recognizing AI as an author and argued that AI-generated works should remain in the public domain.

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Registration Copyright Intellectual Property Public Domain 120

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 64

Music Copyright Derivative Work Ownership 64

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. Preference will be given to applicants willing to make in-person presentations. The programme will feature speakers from the European Commission and the U.S. and the EU.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

SpicyIP

DECEMBER 16, 2023

Shrimali, the term of both copyright and the term of translations was set at 25 years. In the conclusion I will highlight the major developments in the term of copyright post the Copyright Act of 1957. The Setting and the Context The term of copyright is perhaps one of the most important defining features of any copyright law.

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

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 80

Blogging Copyright Contracts Cease and Desist 80

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.

IP 58

IP Public Domain Copyright Intellectual Property 58

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. Oracle America, Inc. ,

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

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.

Copyright 136

Copyright Government Law Editing 136

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 52

Fair Use Art Licensing Derivative Work 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. He further analyzed the differences between the rhythms and melodies to show how they had no significant similarities.

Copyright Infringement 98

Copyright Infringement Copyright Copying Art 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. Rothman: we have speakers using someone else’s TM, and speakers using their own, which seem like they’re more similar than you’re presenting.

Ownership 78

Ownership Moral Rights Copyright Branding 78

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

Marketing 108

Marketing Marketing Copyright Copyright Law 108

Kluwer Copyright Blog

JUNE 1, 2023

Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. Our society was founded in January 2012 with the aim of creating a platform for independent and critical scholarly thinking on European copyright law [1].

Copyright Law 108

Copyright Law Copyright Law Art 108

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. 3] You Really Got Me: Second Circuit Rules in Favor of Met Museum in Fair Use Case Involving Photograph of Van Halen | HHR Art Law. [4]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. However, no fees shall be paid for certain specific uses, such as in the case of personal use, use for study purposes or public entities’ use with the aim of enhancing the assets themselves. This is exactly the case here. Second, Art.

Artwork 55

Artwork Public Domain Art Copyright 55

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

Fair Use 96

Fair Use Copyright Privacy Copying 96

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 91

Copyright Public Domain Copying Publishing 91

The IPKat

APRIL 8, 2023

35/2017); content in the public domain; content covered by an exception. In all this, it should be recalled that the implementation of Article 17 in Italy resulted in the introduction of Title II-ter, Article 102 sexies to Article 102 decies, of the Copyright Law ( L. 5 (3) Barnier Directive; Art. 4 (5) D.Lgs. 633, LdA ).

Music 127

Music Art Copyright Related Rights 127

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.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

MAY 17, 2023

On the contrary, areas not covered by the EU harmonization still present moderate to very high degrees of fragmentation, which strongly call for an intervention by the EU legislature. The findings of each comparative report may be summarized as follows: Temporary reproduction, lawful uses, de minimis uses. Copyright and disability.

Reporting 52

Reporting Copyright Public Domain Copying 52

SpicyIP

NOVEMBER 16, 2023

In doing so, unfortunately, the DB has seemingly missed out on considering some of the crucial aspects of the SB order, especially with regard to its findings on the originality of Hulm Entertainment’s concept note and the copyrightability of GUIs.

Copyright 59

Copyright Marketing Marketing Copying 59

SpicyIP

AUGUST 28, 2022

The Narendera Publishing House case provided a more interesting view by regarding copyright as a “privilege” and user interests as the “ competing interest of enriching the public domain” The Rameshwari Photocopy judgment is interesting as it used differing descriptions for Section 52. But if this is so.

IP 138

IP Copyright Fair Use Public Domain 138

SpicyIP

JANUARY 8, 2024

Copyright Bill, 1955: the Best Copyright Law that India Never Had Image by Shivam. Generated via Gencraft Read our latest addition to the IP History series, discussing the Mahatma’s take on copyright and the interplay between the 1955 Copyright Bill and the Berne Convention, by Shivam.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59