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. However, was that ever the case?

Fair Use 58

Fair Use Public Domain Copyright Litigation 58

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Plagiarism Today

JANUARY 24, 2022

Copyright Office, which is part of the federal government, the work itself is in the public domain. While there are definitely reasons that many creators outside the United States may want to register with the U.S. Best of all, since it was produced by the U.S. Copyright Office. perspective.

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Copyright Public Domain Registration Plagiarism 239

Kluwer Copyright Blog

APRIL 29, 2024

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain.

Public Domain 127

Public Domain Artwork Copyright Marketing 127

Kluwer Copyright Blog

DECEMBER 5, 2022

At the same time, AR may be a catalyst for boosting the ecosystem surrounding bodies managing cultural heritage, because an attractive cultural site with entertainment features can definitely have an impact on the local tourism-related industry. i) Public domain works.

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Copyright Public Domain Art Moral Rights 102

IP and Legal Filings

JULY 16, 2024

There is no definite definition of trade secrets, it includes extensive range of information of commercial and technical nature. The court held that confidential information must be information which is not in public domain or known to people in general. What is a Trade Secret?

Confidentiality 71

Confidentiality Contracts Intellectual Property Business 71

43(B)log

AUGUST 4, 2023

How the values come into play is less in creation and definition of IP rights and more in their flow, transfer through ecosystems. That’s the domain of other kinds of laws, like antitrust. Those markets obviously depend on definition of goods sold in them, and that can’t be ignored. Individual interest v.

Public Domain 52

Public Domain Contracts IP Privacy 52

IP and Legal Filings

JUNE 27, 2022

HISTORY & DEVELOPMENT: IPRs are not new to define but what matters is the interpretation of the definition. It is rather cumbersome to ‘define’ IPR, instead of defining most definitions lists the subject matter or examples of it. Section 2(1)(l) determines non-anticipation of any publication in any document in public domain.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

Plagiarism Today

MAY 18, 2022

Consider Alternative Sources – Finally, you may want to consider alternative sources such as Wikimedia Commons or the Internet Archive , which plays host to public domain and open-licensed media. While these carry their own risks, at least for most of the content, some effort was put into verifying their copyright status. .

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Licensing Copying Public Domain Copyright 311

Kluwer Copyright Blog

NOVEMBER 19, 2021

This informed the group’s decision to divide their work and outputs into five key areas: the definition of AI; text and data mining; training of AI and machine learning algorithms; AI generations and creations; and authors collaborating with AI. Working Group 4 — Beyond Copyright: the Ethics of Open Sharing.

Copyright 108

Copyright Intellectual Property Law Public Domain Copyright Law 108

Velocity of Content

APRIL 21, 2022

When I was a young reader, my mother used to buy me collections of “classics” — mostly 19 th novels in the public domain – that were out of copyright due to their terms having expired. Another aspect of such public domain classics might be phrased, “books that everybody values, and nobody pays for.”.

Copyright 40

Copyright Public Domain Publishing Marketing 40

The IPKat

AUGUST 29, 2022

The court did not elaborate on the technical features of the NFTs, nor did it comment on the legal definition of same in rendering its decision. Picture in middle is entited "A ship in need in a raging storm, by Willem van de Velde II, and is in the public domain.

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

TorrentFreak

DECEMBER 21, 2022

. “[M]any described technical measures that automatically take down or prevent the upload of purportedly infringing works as especially worrisome, as technology is not yet capable of accurately identifying fair use, public domain status, or even licensed uses,” the Office writes. Tweaking the DMCA.

Copyright 127

Copyright Fair Use Public Domain Government 127

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. So while the story may not be getting huge amounts of attention, it’s definitely making the rounds among Disney’s biggest fans and supporters.

Plagiarism 207

Plagiarism Graphic Design Copying Artwork 207

LexBlog IP

APRIL 5, 2023

The subject design is original and has never been in the public domain. The process of application of the subject design on the finished article is a mechanical and manual process that falls within the definition of ‘industrial process’ (and accordingly falls within the purview of Section 2(d) of the Designs Act 2000).

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LexBlog IP

AUGUST 22, 2022

The Court explained that several aspects of the 2002 actuator prototype are widely known in the industry, which by definition, is not sufficiently secret to qualify for protection under the ITSA.

Patent Application 52

Patent Application Public Domain Designs Design 52

Plagiarism Today

AUGUST 29, 2022

This is a requirement of all Creative Commons licenses other than CC0 , which is essentially a public domain dedication and rarely used in Open Access. As we’ve seen in studies in the past, the definition of commercial use in this context may be difficult to nail down.

Journalism 234

Journalism Derivative Work Publishing Licensing 234

Velocity of Content

JUNE 8, 2022

And the 1911 content reused in these works may actually be in the public domain already. It also does not permit the foundation to impose, even in the UK, any restriction (other than the payment of royalties) on performances of, or creation of derivative works from, the play.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

The IPKat

FEBRUARY 12, 2024

Before the enactment of the new Act, the status of copyright as movable property under Nigerian law was uncertain, as the Nigerian Constitution lacks explicit definitions for "movable" and "immovable" property. Would it automatically place works compulsorily acquired in the public domain or only transfer ownership to the government?

Copyright 60

Copyright Moral Rights Government Public Domain 60

Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention.

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Patent Patent Application Inventor Invention 78

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. But none of those cases outright hold that there is a blanket rule for whether using a mark in a keyword purchase is definitively infringement or definitively not infringement.

IP 73

IP Advertising Advertising Copyright 73

The IPKat

FEBRUARY 21, 2022

The kitten looking for the return of trade secrets is CC0 Public Domain from [link] The first picture is "Cat in a box", by Greg Mote from Glendora, CA, USA - CC 2.0.

Designs 67

Designs Design Patent IP 67

Intepat

SEPTEMBER 15, 2023

While the case did not definitively resolve the issue of whether non-human animals can own copyright, it prompted discussions about the intersection of copyright law, animal rights, and technology. The settlement sidestepped the core question of Naruto’s copyright ownership and avoided setting a legal precedent.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

CopyrightsWorld

APRIL 29, 2022

Because it was not made by a human, this viral monkey selfie from 2011 is in the public domain. So, whats the Future of Copyright for Artificial Intelligence-Created Works?

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

Because it was not made by a human, this viral monkey selfie from 2011 is in the public domain. So, whats the Future of Copyright for Artificial Intelligence-Created Works?

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

Kluwer Copyright Blog

DECEMBER 20, 2022

Nevertheless, the Berne Convention does not explicitly state that only original photographic works can be protected, nor does it contain any precise statutory definition of “originality”. By contrast, the technical quality and the content of the photograph are immaterial to the determination of the creativity threshold. Simple photographs.

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Copyright Related Rights Artistic Work Public Domain 55

Plagiarism Today

JANUARY 3, 2022

While there are far too many for any single list, here are 5 copyright stories that you should definitely watch in 2022. Several such cases are going on right now and, though we likely won’t see a definitive answer in 2022, it’s going to be a copyright story to watch. 5: The Public Domain Expands.

Copyright 263

Copyright Public Domain Registration Social Media 263

IP and Legal Filings

SEPTEMBER 12, 2022

The picture was released in Public Domain without permission, which is the issue with this. Since public domain works are not, by definition, the subject of copyright, the need of similarity for copyright infringement as stated in the instance of The Bridgeman Art Library and Ltd.

Art 52

Art Copyright Artistic Work Public Domain 52

IIPRD

SEPTEMBER 29, 2022

Definition Of use In It Age, the authors hold exclusive rights in their works for a particular term subject to the right to use work for fair use. After the term of protection expires, the copyrighted work is out there in the public domain and the rights of the author terminate.

Copyright 52

Copyright Intellectual Property Copying Music 52

Kluwer Copyright Blog

NOVEMBER 6, 2023

In the most minimalist English definition, originality designated something originating from the author, which he can claim as his own expression (see Rahmatian ). However, under no plausible interpretation can an authorless work be original – or an expression of an idea, and thus a work, at all.

Copyright Law 61

Copyright Law Copyright Public Domain Artistic Work 61

IP Intelligence

APRIL 18, 2023

Rodney Gilstrap, and further know that patent cases employ a procedural device known as a Markman hearing to force crisp definition of patent claims and filter out unsupportable lawsuits. You probably also know that the architect of the Eastern District’s erstwhile venue dominance is the Hon. Chief Judge J.

Copyright 98

Copyright Fair Use Copying Public Domain 98

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

IP 73

IP Marketing Marketing Confidentiality 73

Velocity of Content

JULY 8, 2021

Public Domain work. For example, were someone to bypass your subscription paywall and begin peeking in on all your premium content, you’d be in 1201-land, and you will definitely want to think about calling your lawyer at that point. Image Attribution: John Tenniel (1865).

Copyright 81

Copyright Blogging Intellectual Property Registration 81

IP Intelligence

APRIL 24, 2023

Under this heightened standard, it seems likely that the output of the investments in creating care pathways, and other similarly situated stakeholders, would be considered by the Copyright Office to be public domain. 2d 276 (S.D.N.Y.

Ownership 98

Ownership Copyright Public Domain Registration 98

Kluwer Copyright Blog

DECEMBER 1, 2021

Option 1: expanding the definition of “inventor”. An IP system should ensure that concerns for cultural diversity, access to works and the public domain are equally maintained and firmly promoted. Option 2: recognising AI as an inventor in patent applications.

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IP Inventor Invention Intellectual Property 67

LexBlog IP

DECEMBER 14, 2023

9] Although there is not yet an official definition for what models fall within the GPAI bucket, previous proposals suggest that these are systems trained on a large amount of data and capable of performing a wide range of distinct tasks. [10] See Open Future – GPAI Compromise proposal. [11] 13] Ibid. [14]

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Reporting Publishing Marketing Marketing 52

Kluwer Copyright Blog

APRIL 22, 2022

From this perspective then, where an output does not qualify as original in the sense that it reflects the author’s free and creative choices, that output is – from the perspective of copyright – in the public domain. As noted below, however, it might still benefit from protection under related rights.

Music 64

Music Copyright Derivative Work Ownership 64