Erik K Pelton

FEBRUARY 11, 2025

Pelton & Associates (EMP&A) is a boutique firm focusing on intellectual property protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

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Intellectual Property Intellectual Property Law Trademark Registration 189

JD Supra Law

MARCH 17, 2023

The evolution of artificial intelligence (AI) machines has resulted in a number of interesting issues in both copyright and patent law. See, for example, our prior articles involving attempts to qualify machine-made works for patent and copyright registration.

Intellectual Property Law 117

Intellectual Property Law Intellectual Property Law Registration 117

SpicyIP

SEPTEMBER 15, 2021

We’re happy to inform you that NALSAR Hyderabad’s Indian Journal of Indian Intellectual Property Law (IJIPL) is inviting papers for publication in Volume 12 of the journal. For further details, please see the announcement below: Call for Papers: Indian Journal of Intellectual Property Law (Vol.

Intellectual Property Law 108

Intellectual Property Law Intellectual Property Journalism Law 108

Kluwer Copyright Blog

MARCH 11, 2025

Image created using AI Digitalization has transformed the way in which we obtain access to copyright-protected content and for how long we can preserve access. This change of paradigm endangers the implicit dogma that copyright law shall ultimately serve access to culture in the long term. 811 of the CDSM Directive.

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Copyright Law Public Domain Copyright Law 105

Intellectual Property Law Blog

APRIL 12, 2023

Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. The Office recognizes that AI-generated works implicate other copyright issues not addressed in this statement.

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The IPKat

APRIL 7, 2025

Background The plaintiff produces clothing and owns the copyright to photographs of such clothing. The plaintiff sued the defendant before the District Court of Hamburg arguing that the display of its photographs on Google constituted copyright infringement. German law had to be applied by virtue of Art. 8(1) Rome II Regulation.

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Copyright Copyright Infringement Art Intellectual Property 64

Intellectual Property Law Blog

APRIL 12, 2023

Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training. On March 16, 2023, the U.

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Copyright Registration Music Copyright Law 240

IP and Legal Filings

AUGUST 4, 2022

Intellectual property rights are statutory rights given to creators, inventors, and artists. The purpose of Intellectual Property Rights is to ensure that sufficient recognition is given to the creator’s work and skills, subsequently stimulating innovation and creativity in the country. Copyright in the Tourism Industry.

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Intellectual Property Law Intellectual Property Law Social Media 98

Plagiarism Today

MAY 2, 2022

1: US Government Publishes its Latest Copyright Watch Lists. The list works to push countries with weak intellectual property laws or enforcement to make improvements. Let me know via Twitter @plagiarismtoday. 2: Man Who Lost $90m Pirate IPTV Suit Slams DISH in Response to New Lawsuit.

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Marketing Marketing Intellectual Property Law Intellectual Property 245

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

The dispute centers around the use of copyrighted music to train AI models and the broader implications for the future of the music business. These AI tools are trained on vast datasets of existing music, raising concerns among record labels about unauthorized use of copyrighted material. Under the U.S. Is AI training fair use?

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Copyright Fair Use Music Intellectual Property 52

Barry Sookman

JANUARY 18, 2025

I head the pleasure of speaking yesterday at the Law Society of Ontarios 29th Intellectual Property Law Program: The year in Review. I was speaking on a panel “Artificial Intelligence: Substantive Legal Developments in Copyright Claims” along with Sana Halwani. Program can be found @ [link].

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Copyright Intellectual Property Law Intellectual Property Law 52

The IPKat

FEBRUARY 14, 2025

Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by The IPKat here ) Best Copyright Book The Routledge Companion to Copyright and Creativity in the 21st Century Routledge eds.

Intellectual Property Law 78

Intellectual Property Law Intellectual Property Editing Trademark Law 78

JD Supra Law

MARCH 4, 2025

With the rise of generative artificial intelligence (GenAI), many are wondering how it will affect intellectual property law. While much has been written on the subject of copyright law and the numerous gray areas that will need to be addressed by the U.S.

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Trademark Intellectual Property Law Intellectual Property Trademark Law 68

JD Supra Law

DECEMBER 8, 2022

Copyright Office issued a Federal Register Notice (Notice) announcing the offices’ joint study of intellectual property (IP) issues related to non-fungible tokens (NFTs). On November 23, 2022, the U.S. Patent and Trademark Office (USPTO) and the U.S. By: Skadden, Arps, Slate, Meagher & Flom LLP

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Non-Fungible Tokens Intellectual Property Intellectual Property Law Copyright 98

Intepat

OCTOBER 23, 2024

In the realm of intellectual property, copyright and moral rights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moral rights emphasize the personal and reputational interests of the creators.

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Moral Rights Copyright Intellectual Property Copyright Law 52

The IPKat

SEPTEMBER 18, 2024

This book review of “ Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage ”, by Patricia Covarrubia (Editor), is kindly provided by Katfriend Felicia Caponigri (Founder of Fashion by Felicia and Visiting Scholar at Chicago-Kent College of Law).

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Intellectual Property Law Intellectual Property Law Cease and Desist 64

The IPKat

SEPTEMBER 22, 2023

This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.

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Intellectual Property Law Intellectual Property Law IP 81

Intepat

JANUARY 10, 2025

Introduction Copyright law plays a crucial role in regulating the distribution and protection of creative works, but its impact is not uniform across the world. In the Global South, the challenges posed by copyright law are particularly significant, often hindering access to knowledge and limiting opportunities for development.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

The IPKat

MARCH 31, 2025

Trier in summer As readers know, the Katfriends at the Academy of European Law (ERA) in Trier are always busy organizing programmes and courses on all aspects of European law, including IP and digital and IT law. For those looking to get a deep dive in either subject, ERA is organizing two distinct summer courses this year.

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Intellectual Property Law Law IP Intellectual Property 64

JD Supra Law

JANUARY 19, 2024

Video games are the ultimate interactive experience in intellectual property (“IP”), combining overlapping layers of copyrights, trademarks, licenses, “work made for hire” contracts, and publicity rights, all of which require careful consideration by a game developer to avoid legal issues and prepare the game for distribution.

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Intellectual Property Intellectual Property Law Law Contracts 75

Erik K Pelton

JANUARY 6, 2022

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses an brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

Intellectual Property 231

Intellectual Property Intellectual Property Law Trademark Registration 231

SpicyIP

DECEMBER 14, 2024

We are pleased to announce that NALSARs Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 15th Volume. For further details, please read their call and the guidelines below- Call for Papers: The Indian Journal of Intellectual Property Law (Vol.15) Shamnad Basheer, Prof.

Intellectual Property Law 63

Intellectual Property Law Intellectual Property Journalism Law 63

Garrigues Blog

MARCH 27, 2025

However, beyond the gameboard and dice, an interesting legal question arises: Can these games be protected by copyright? Even though the mechanics of a game cannot be protected, both the game as a whole and its creative elements are copyrightable. The question therefore is: Can board games be protected by copyright?

Copyright 52

Copyright Intellectual Property Artistic Work Intellectual Property Law 52

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!

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

Plagiarism Today

MARCH 31, 2022

This movie initially began with patents and business software, but has been reportedly expanded to include all types of copyright-protected content. Note: There are conflicting reports on whether this has already been signed into law or is just being considered. This is especially true with copyright. A Different Threat.

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Intellectual Property Intellectual Property Law Copyright Reporting 290

Velocity of Content

JANUARY 7, 2025

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. 1 Where does the law come down on the creation of LLMs, both in the input and output of existing copyrighted materials?

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Copyright Licensing Fair Use Journalism 52

The IPKat

MAY 7, 2024

Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? A Dietz, ‘The protection of intellectual property in the information age - the draft E.U. The short answer is: yes.

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Copyright Law Copyright Law Intellectual Property 125

Kluwer Copyright Blog

JANUARY 18, 2022

Image by European Copyright Society. To achieve these aims, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content. 17 of the Copyright in the Digital Single Market Directive (CDSMD). EXECUTIVE SUMMARY.

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TorrentFreak

MARCH 25, 2024

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement.

Publishing 144

Publishing Copyright Fair Use Intellectual Property Law 144

Kluwer Copyright Blog

NOVEMBER 22, 2021

Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Recent legal scholarship has examined the need for copyright exceptions for text and data mining (TDM) methodologies, and the doctrines recently enacted to achieve this purpose.

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Copyright Law Law Copyright Intellectual Property Law 139

IP Law 360

MAY 8, 2023

The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.

Ownership 98

Ownership Intellectual Property Law Copyright Intellectual Property 98

Patently-O

AUGUST 31, 2021

The focus of the case is copyrightability of the SAS statistical software and its outputs. SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. The Federal Circuit’s Google v.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

JD Supra Law

MARCH 5, 2024

Artificial intelligence (AI) has become a game changer across various sectors, and intellectual property (IP) law is no exception. By: Planet Depos, LLC

Intellectual Property 70

Intellectual Property Intellectual Property Law Law Patent Infringement 70

Kluwer Copyright Blog

DECEMBER 8, 2021

For anyone interested in the discussions about automated content filtering, Christmas came early this week: On Monday YouTube published the first edition of its Copyright Transparency Report. So what can we learn from this first copyright transparency report? In total YouTube processed 729.3 A Brussels effect?

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Reporting Copyright Editing Publishing 143

IIPRD

MARCH 5, 2025

However, this gives a grand legal question: who has the right to copyright AI-created works? Control of origin laws mediated by authors has traditionally attempted a simpler approach that did not anticipate complexities associated with human creativity. This has to do with the application of copyright to works made through AI.

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Copyright Intellectual Property Copyright Law Artwork 52

Patently-O

JANUARY 10, 2022

This week, the Federal Circuit is hearing oral arguments in an important software copyright case, SAS Institute, Inc. In Google , the Supreme Court sided with the accused infringer on fair use grounds, but did not decide the broader issue of whether Oracle’s API naming convention was copyrightable. World Programming Ltd.,

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Copyright Intellectual Property Law Fair Use Intellectual Property 102

Kluwer Copyright Blog

SEPTEMBER 27, 2023

Photo by Possessed Photography on Unsplash The UK government has recently announced its plans to introduce a code of practice on copyright and artificial intelligence (AI). This ensures that the UK copyright framework promotes and rewards investment in creativity. The guidance and all supporting documents can be found here.

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