Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. These additional creative elements can be protected by copyright law, provided they meet the EU originality standard.

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Velocity of Content

DECEMBER 19, 2024

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes. So, what can we make of all these lawsuits?

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SpicyIP

JANUARY 29, 2025

We Might Know Soon The 3rd issue framed by the Court will deal with the question of fair use, wherein the question is whether using the plaintiff’s data or copyrighted content constitutes fair use under Section 52 of the Copyright Act. How Does a Model Learn from its Training Data?

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Michael Geist

JULY 20, 2022

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. ” The decision – SOCAN v.

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IP and Legal Filings

JULY 29, 2024

At the same time, this shift also raises various questions relating to copyrights and the safety of educational content and the authors’ rights. Another lesser-known problem of the authors of the schools providing educational services through the Internet is the question of the control of the distribution of copies of copyrighted works.

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SpicyIP

JANUARY 29, 2025

As perhaps all readers are aware by now, the GenAI Copyright litigations have made their presence known in India. As discussed earlier , ANI had filed a copyright lawsuit against Open AI in the Delhi High Court. With that said, as Lee et al point out, Copyright issues can arise at every stage of the supply chain.

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IPilogue

JANUARY 28, 2022

During the first semester of my 3L year, I was placed at the Department of Canadian Heritage (PCH), Copyright Policy Branch for ten weeks through the IP Law & Technology Intensive Program. Understanding the ramifications of copyright decisions goes beyond the decision. This article shares my experience during my time at PCH.

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IP and Legal Filings

JUNE 12, 2023

Image Sources : Shutterstock] It is a general principle that no copyright lies in ideas, subject-matter, themes, movie plots till the expression of the same are different. If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. In the case of Pepsi Co v. s commercial.

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Copyright Lately

OCTOBER 20, 2024

million in copyright damages against Skiplagged—but the website’s business model remains largely unaffected. Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. This left the copyright claim over the unauthorized use of American’s flight symbol logo.

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The IP Law Blog

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

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Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. and derided him for using a template for his DMCA request” and confirmed “he would not be removing Greer’s copyrighted materials.”

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IP Watchdog

AUGUST 22, 2021

(WPL) is a British company that decided to build a clone of SAS’s popular analytics software and, as several courts have found, broke the law to do it. After a decade of litigation across two continents and an unpaid multi-million-dollar judgment, the parties are once again in court.

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SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP.

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SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Anything we are missing out on?

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IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Such databases may include work that is copyrighted. Most often, AI systems utilize huge databases to train their algorithms and yield some forms of creative or functional outputs.

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Velocity of Content

DECEMBER 4, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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JD Supra Law

FEBRUARY 17, 2025

Fair use a critical defense in copyright law that allows limited use of copyrighted material without permission has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation.

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IP Law 360

AUGUST 11, 2022

copyright law that exempts churches from facing potential litigation for performing copyrighted works during religious services, legal experts say. A Texas church's unauthorized rendition of the Tony award-winning musical "Hamilton" this month is likely not covered by a provision of U.S.

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JD Supra Law

JUNE 6, 2023

After almost five years of litigation, British singer-songwriter Ed Sheeran pulled out all the stops (and his guitar) to obtain victory over claims his 2014 song “Thinking Out Loud” infringed on the copyrights held by the estate of Ed Townsend, who co-wrote Marvin Gaye’s 1973 hit “Let’s Get it On”. By: DarrowEverett LLP

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Plagiarism Today

OCTOBER 19, 2021

However, now Mary Bono and the Bono estate are attempting to terminate that divorce agreement, using the copyright termination clause that allows creators and their heirs to reclaim transferred rights after 35 years. Next up today, Bill Donahue at Billboard reports that the rapper Snoop Dogg is facing a copyright infringement lawsuit.

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Michael Geist

AUGUST 5, 2021

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. The same was true after the Access Copyright v.

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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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IP and Legal Filings

MARCH 10, 2023

Introduction It is an established notion that in case of a cinematograph film (Section 26) or a sound recording (Section 27), the Copyright stays for as long as 60 years, while literary or musical works enjoy Copyright for the lifetime of author and 60 years thereafter (Section 22). It is their right, and it cannot be time bound.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. In this regard, an important precedent lies in the history of US litigation involving Google Books. Fair Use Precedent?

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IP Watchdog

DECEMBER 27, 2022

The Constitution empowers Congress to enact federal copyright laws because the Founders recognized that the best way to advance the public interest is by enabling creators to pursue their own private interests. Of course, that doesn’t stop the detractors from throwing as many monkey wrenches as they can.

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IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i]

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Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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The IP Law Blog

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Posting copyrighted images or photos on your website or social media.

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The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

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Patently-O

DECEMBER 28, 2023

by Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. Liu was decided by the recently Beijing Internet Court. [Read an English translation created by GWU Law Students Yuqian Wang and Jiaying Zhang supervised by Prof. Li sued for copyright infringement.

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IPilogue

DECEMBER 10, 2021

Seventy-two years later, Scott-Giles’ granddaughter, Jocelyn Bundy, noticed that “ an image virtually identical ” to Scott-Giles’ illustration was being used in the popular grunge-rock band Nirvana’s merchandise and brought a copyright infringement lawsuit in the United States for damages covering decades of sales. copyright law.

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Traverse Legal Blog

OCTOBER 24, 2024

Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. In re NCAA Student-Athlete Name & Likeness Licensing Litig., While similar to Copyright Infringement, it is a claim that needs to stand on its own two feet to avoid preemption.

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Plagiarism Today

MARCH 8, 2022

If you follow copyright news, you likely have been seeing countless stories of popular musicians being sued for alleged copyright infringement in their work. . That says nothing about the myriad of cases over the past few months or years that have been grabbing headlines, both inside and outside copyright circles.

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IP Watchdog

AUGUST 31, 2023

Copyright Office issued a notice of inquiry in the Federal Register seeking public comment on a range of issues related to the intersection of copyright law and artificial intelligence (AI). On August 30, the U.S.

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IP Watchdog

DECEMBER 16, 2021

One of the greatest attributes of copyright law is the never-ending abundance of exciting new developments, including those in Congress, the courts, and at the Copyright Office. On the surface, copyright seems straightforward in that it advances the public good by securing property rights to authors.

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The IPKat

NOVEMBER 9, 2023

Kat enjoying a Belgian waffle Copyright law has always played a substantial role in responding to and shaping the developments of new technologies. At the EU level, several pieces of legislation have been adopted over time, which have harmonized different aspects of copyright law.

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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. The Right to Create and Sell NFTs. The distribution right.

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