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 107

Marketing Marketing Copyright Copyright Law 107

Plagiarism Today

APRIL 27, 2022

The fake lawyer identifies herself as a trademark attorney, but is handling a copyright issue. It refers to the Wayback Machine as a “permanent public archive” though it is far from that. The letter also makes reference to a “DMCA legal case”, which is simply not a thing. It would be a copyright infringement case.

Copyright Infringement 277

Copyright Infringement Public Domain Copyright Copyright Notice 277

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Plagiarism Today

JANUARY 24, 2022

The guide is an amazingly thorough overview of copyright, written in a way to be understood by lay people and it includes nearly all of the important information one needs to know in just 10 pages and 4,000 words. Copyright Office, which is part of the federal government, the work itself is in the public domain.

Copyright 247

Copyright Public Domain Registration Plagiarism 247

TorrentFreak

JULY 4, 2024

. “[T]he Times cannot pursue a claim for infringement over any part of a copyrighted work that is not original to the Times, as would be the case if the Times copied another’s work or elements in the public domain,” OpenAI writes. The expressive nature of a work is determined by reference to the work itself.

Copyright 141

Copyright Public Domain Copyright Infringement Reporting 141

The IPKat

JUNE 12, 2024

A Hungarian court referred several questions to the Court of Justice of the EU (‘CJEU’, case C-211/24 ) regarding the interpretation of the LEGO exception and its consequences in infringement proceedings. The reference for a preliminary ruling The Hungarian court noted that LEGO owned expired patents (such as US patent no.

Designs 60

Designs Design Art Law 60

Intepat

OCTOBER 6, 2024

A patent can be granted when the invention meets certain criteria: Novelty: it must be new and not available in the public domain. Section 10, as aforementioned, refers to the requirements for a patent application. and in a way that it must be new and not available in the public domain.

Patent 52

Patent Invention Public Domain Intellectual Property 52

SpicyIP

JANUARY 12, 2022

The Bombay High Court dealt with a similar matter concerning copyright infringement and misuse of confidential information in Beyond Dreams Entertainment v. Zee Entertainment Enterprises. Particularly, “precision, originality, and completeness of disclosure” was held to be essential to a case of confidentiality.

Confidentiality 137

Confidentiality Copyright Infringement Copyright Law 137

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 103

Fair Use Copyright Privacy Copying 103

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.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

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

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 97

Copyright Copyright Law Invention Public Domain 97

TorrentFreak

SEPTEMBER 28, 2023

copyright law. To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims.

Fair Use 111

Fair Use Copyright Copyright Infringement Derivative Work 111

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

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. More interestingly, the provision explicitly links the use of copyrighted works for training AI models to the text and data mining (TDM) exception in Article 4 of the CDSM Directive.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. One might wonder if a rights issue exists.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

TorrentFreak

SEPTEMBER 24, 2024

The Anne Frank Copyright Battle While early versions are presumably in the public domain in several countries, the original manuscripts are protected by copyright in the Netherlands until 2037. It seeks clarification on how to interpret blocking and VPN use, in the context of Article 3(1) of the Copyright Directive.

Copyright 109

Copyright Publishing Art Copying 109

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Copyrighting Art. Picture Credit: gettyimage].

Art 52

Art Copyright Artistic Work Public Domain 52

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.

Non-Fungible Tokens 92

Non-Fungible Tokens Copyright Intellectual Property Ownership 92

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 70

Ownership Moral Rights Public Domain Intellectual Property 70

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 63

Music Copyright Derivative Work Ownership 63

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 60

Copyright Moral Rights Government Public Domain 60

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. International license.

IP 131

IP Branding Brands Branding 131

Kluwer Copyright Blog

AUGUST 12, 2021

To that end, this blog addresses how the Egyptian copyright law (ECL) regulates intermediaries’ liability when it comes to copyright-related infringements. What lessons, if any, should the Egyptian copyright legislator retain from the CJEU’s last words on the liability regime of the ECD? For further lessons, stay tuned ….

Copyright 101

Copyright Moral Rights Copyright Infringement Marketing 101

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. 1997/98:15, p. 79, the BBS case ).

Copyright 55

Copyright Intellectual Property Law Public Domain Copyright Law 55

Trademark and Copyright Law Blog

MAY 8, 2020

referring us back to its very first copyright case and revisiting the government edicts doctrine for the first time in more than a century. And if it was not clear before, neither of these opinions is copyrightable either. On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v.

Copyright 52

Copyright Cease and Desist Government Public Domain 52

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. GSPR (2021) 131 Zhaoxia Deng, Illegal To Play? & Tech.

Copyright 91

Copyright Ownership Publishing Copyright Infringement 91

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

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

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

LexBlog IP

JANUARY 16, 2024

It seems that one of the intended purposes of the obligation to disclose training data is to enable better enforcement, through an ex-post tool, of the above-mentioned opt-out mechanism under Article 4 of the Copyright Directive.

IP 52

IP Copyright Art Related Rights 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. Microsoft without making any express finding in this regard.

Copyright 59

Copyright Marketing Marketing Copying 59

Kluwer Copyright Blog

JUNE 1, 2022

Referring also to the complaint and redress mechanism set forth in Article 17(9) DSMD, the Court highlighted that, under those provisions, users had to be able to submit a complaint where they considered that uploaded content had wrongly been blocked or removed. Glawischnig-Piesczek para.

Intellectual Property 52

Intellectual Property Licensing Copyright Law 52

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). Unsurprisingly, the restriction of Art.

Publishing 52

Publishing Art Related Rights Marketing 52

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. They are integral parts of the right.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 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.

Copyright Infringement 98

Copyright Infringement Copyright Art Copying 98