Kluwer Copyright Blog

JUNE 14, 2023

They merge and overlap pecuniary and non-pecuniary interests, such as public law (Legislative Decree 42/2004) and private law (Civil Code). In particular, under EU law the Italian public cultural property seems to be inconsistent with art. 14 of the CDSM 2019/790 directive on works of visual art in the public domain.

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Copyright Lately

APRIL 30, 2021

Here’s why determining the copyright status of old foreign works can be a hellish undertaking. The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. copyright law. without a copyright notice. Move over smiley face. Nirvana LLC.

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The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.

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IIPRD

MARCH 5, 2025

However, this gives a grand legal question: who has the right to copyright AI-created works? This has to do with the application of copyright to works made through AI. Traditional Copyright Framework and Its Limitations Copyright law is fundamentally based on three principles: Authorship : The creator of a work owns the copyright.

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JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

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Kluwer Copyright Blog

DECEMBER 5, 2022

Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications. Part 2 discusses the relevant copyright exceptions and limitations that interfere with the development of AR experiences. Copyright implications of AR in the cultural heritage sector.

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Kluwer Copyright Blog

MAY 3, 2022

The University of Cyprus, together with the Horizon 2020 project reCreating Europe , funded by the European Commission, is conveying the conference “Rethinking copyright flexibilities”. We welcome contributions that address the following topics in an EU and comparative perspective: copyright exceptions and limitations.

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Velocity of Content

DECEMBER 19, 2023

Where copyright protection begins and ends Employees consume and share copyrighted materials all day long. However, routine content exchanges such as sharing published reports, articles and other information found on the Web, have copyright implications, which can expose companies to a greater risk of infringement. In the U.S.,

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IP and Legal Filings

MAY 13, 2024

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. AI additionally possesses no copyright on the material that it generates. Finally, it is generated by a computer from previously stored data.

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SpicyIP

FEBRUARY 9, 2023

One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings. In this post, SpicyIP intern Niyati Prabhu discusses the issues surrounding access to law and the dilemma surrounding copyright. This is also not specified in the Copyright Act.

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TorrentFreak

SEPTEMBER 24, 2024

This organization now owns the copyrights, over which it works hard to maintain control. 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.

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Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. 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. The letter is available here and its contents are reproduced below.

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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.

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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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Kluwer Copyright Blog

FEBRUARY 5, 2025

These include the groundbreaking and much-cited dissertations by Martin Senftleben on copyright and the three-step test , Mireille van Eechoud on applicable law in copyright , and Ashwin van Rooijen on software copyright and competition law.

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The IPKat

MAY 17, 2023

This is a review of Research Handbook on Intellectual Property and Cultural Heritage , edited by Irini Stamatoudi , Professor of Intellectual Property Law and Cultural Heritage Law at the University of Nicosia. The edited collection does this through 29 chapters from an impressive list of contributors: Leila A.

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IP Intelligence

APRIL 24, 2023

Although the Copyright Office’s official guidance on whether you can be the author of AI output is a solid “maybe? Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. This creates a major problem.

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The IPKat

APRIL 30, 2024

Should the EU unify copyright laws? The session started with the highly disputed topic of copyright unification with Prof. see Katpost here ) When finally addressing the question, "Should the EU unify copyright laws?" the PermaKat stated loud and clear, and I quote: “The short answer is: yes!

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Kluwer Copyright Blog

NOVEMBER 19, 2021

Earlier this year, Creative Commons announced that four working groups of the Creative Commons Copyright Platform would examine policy issues affecting the open ecosystem from a global perspective: (1) artificial intelligence and open content; (2) platform liability; (3) copyright exceptions and limitations; and (4) the ethics of open sharing.

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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.

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Kluwer Copyright Blog

APRIL 25, 2024

Over the same period, however, the government’s messaging around Canada’s AI- copyright policy has been anything but consistent. It is unclear whether the use of copyrighted works for training an AI system is considered copyright infringement if the…owner’s permission is not obtained.…

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Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

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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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Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

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Kluwer Copyright Blog

FEBRUARY 22, 2022

When we launched the Copyright Evidence Portal , our ambition was no less than to create a catalogue of all existing empirical studies about copyright. 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.

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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. Confused yet? Just wait.]. essentially, forever.

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The IPKat

SEPTEMBER 16, 2024

This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. Anett Pogácsás examines the divergent legal approaches to copyright waivers, discussing how to mitigate the lack of uniformity. A meow-velous cover!

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Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. million additional books protected by valid copyrights. At least, that was the idea. It also includes 3.6

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Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney.

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43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. Jessica Silbey, Section 102(b) and the Fact Exclusion Genealogy in U.S.

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Kluwer Copyright Blog

MAY 16, 2023

The mapping produced a wealth of data and findings, which are systematized in a dataset available on the user-friendly website www.copyrightflexibilities.eu , and analyzed in a report downloadable from Zenodo , SSRN or ResearchGate , entitled “Copyright Flexibilities: Mapping and Comparative Assessment of EU and National Sources”.

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Kashishipr

MAY 25, 2021

Copyright and Blogs. Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. However, the content must reflect an expression of something since ideas are not governed under copyright. Therefore, it is always an option to copyright the entire blog.

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Velocity of Content

OCTOBER 1, 2022

Several US trade book publishers have announced their publication plans for the official report of the United States House Select Committee on the January 6 Attack. Available in November, the editions include from Random House , with an introduction by Rep. These published editions are a big deal,” Albanese explains.

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The IPKat

JULY 30, 2023

This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Now in its second edition, the book offers a primer on copyright-related challenges that artificial intelligence (AI) presents.

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43(B)log

FEBRUARY 4, 2023

Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets. Carys Craig, Copyright & Gender: Philosophy, Proof & Praxis Book chapter: research agenda for feminist copyright. I could think that copyright is relatively neutral in an incredibly sexist society.

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Kluwer Copyright Blog

APRIL 18, 2024

Copyright: WIPO. No amendment offered in public session. Particularly when combined with the Article 7 fixation right, this provides the broadcaster with copyright-like exclusive rights in the programme. No amendment offered in public session. Thus, broadcasters could receive more protection than copyright owners.

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Kluwer Copyright Blog

DECEMBER 12, 2021

Even if an international agreement were reached to protect computer programs (code) as literary works of copyright ( See WIPO Copyright Treaty, 1996 ), code protection would be at the centre in a world increasingly dominated by digitisation and “ softwarization ”.

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