Tag: copyright

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those). One key to understanding the reference above is the mathematical logic symbol ├, which is known as the “’turnstile’…because of its resemblance to a … Continue Reading

Comma, Comma, Comma, Comma, Comma Chameleon: How Punctuation Can Color IP & Other Legal Rights

“[T]he comma…this capricious bit of punctuation…” United States v. Ron Pair Enterprises, Inc., 489 US 235, 249 (1989) (O’Connor, J, dissenting) For want of a comma, we have this case.” O’Connor  et al. v. Oakhurst Dairy et al.,851 F.3d 69, 70 (1st Cir. 2017) “But, when pressed, I do find I have strong views about … Continue Reading

THE COLOMBIAN COPYRIGHT AGENCY ANALYSES AI-CREATED WORKS AND PROVIDES AN INITIAL APPROACH TO THE PROTECTION UNDER COPYRIGHT LAWS

The protection of works created from the human intellect, under the legislations that have adopted a droit d’auter system, is centered on the relationship existing between the individual who created the work, and the piece that constitutes the protected work. Therefore, the legal regulations which govern the prerogatives that the creator has concerning the protected … Continue Reading

Trademark Considerations for Copyrighted Works in the Public Domain

In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. This means that the owner has the exclusive right to reproduce, adapt, publish, perform, and display the work. Because copyright protection has a … Continue Reading

The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

“Headlines” and “titles” are related, sometimes interchangeable, items appearing atop news stories. But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that may interest more than just IP attorneys), and titles a bit of fun (so we can draw in those looking for a bit … Continue Reading

Court clarifies process for CMO equitable remuneration

Introduction This case(1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops). The judgment also dealt with the presumption of management and protection representative authority for CMOs.… Continue Reading

Duties involving IP matters at the beginning of the corporate term in Colombia

The end of the calendar year is also, for legal purposes, the end of the corporate and accounting year, under Colombian Law.  The beginning of a new corporate year, on January 1, triggers, for corporate entities and branches of foreign companies, the need to carry out several duties, both in the form of legal obligations … Continue Reading

With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

Fiction writing has a curious claim on truth.  We learn this at the youngest age, listening to fairy tales when the child in us “intuitively comprehends that, although these stories are unreal, they are not untrue …”  Bettelheim, The Uses Of Enchantment: The Meaning and Importance of Fairy Tales  (at 73).  We hear this in … Continue Reading

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C‑775/21 and C‑826/21

Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of technical means – Implications on Greek case law and practice in relation to use of in-store/background music in business premises.… Continue Reading

Maybe Duct Tape Can’t Fix Everything: Slippery Standards As Copyright Goes Bananas

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger, or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules, US copyright law is currently going a little “bananas.” From ongoing debates about the human element (or requirement) of authorship to debates over what … Continue Reading

When must public performances of musical works be reported to CMOs?

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) Specifically, in its regulation of the public performance of musical works incorporated in legitimately released sound carriers, stores, and undertakings, article 24 of Law 4481/2017 introduced a … Continue Reading

Can You Register a Copyright on a Work that Contains Material Generated by Artificial Intelligence?

Suppose you have expressed your work in a tangible form, but it contains material generated by artificial intelligence (AI). Although your copyright exists at the moment of creation, does the work contain enough human authorship on which to base a claim for copyright registration? Should you register the copyright on the work with the U.S. … Continue Reading

Defining Boundaries: IP Law Addresses Exterritoriality, Lexicography & Human Touch

“Yes, the law is about words…,” says Ben Chiriboga in writing about the essential skills that lawyers must have.  And Ken White noted more recently that “the entire project of the law is about words meaning specific things.”  But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that … Continue Reading

The Training Wheels are Off: The Copyright Implications of Training Generative AI

With the introduction of several readily available applications, artificial intelligence (AI) has leaped into the mainstream and brought with it a host of legal questions.  Following the release in November of the now popular generative AI platform ChatGPT by OpenAI, companies including Microsoft and Google are rushing to release their own generative AI services or … Continue Reading

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A Case About Jack Daniels That Dances Around Trademark Issues And Leaves Some Things To Chew On

Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT to his legal question “sounds like a pretty good lawyer 😉.” But others are wondering whether we … Continue Reading

SECONDS & LEFTOVERS AFTER THANKSGIVING: Cleaning Up & Emptying Out The IP Fridge

The American holiday of Thanksgiving is tradition-laden and is celebrated as much for the leftovers after that November Thursday as it is for the turkey on that day, at least according to the US Department of Agriculture.  Indeed, Americans “idolize Thanksgiving left overs,” and the “[t]he overstuffing of America’s fridges has become something of a … Continue Reading

Just Humor Them: Jests, Jokes, Satire, and Parody In Infringement and Defamation Cases

Legend has it that shortly after Adam was created, he complained: ‘O, Lord! you have given the lion fierce teeth and claws, and the elephant formidable tusks; you have given the deer swiftness of legs, and the turtle a protective shell; you have given the birds of flight wings, but you have left me altogether … Continue Reading

Copyright Infringement before the Copyright Claims Board?

Suppose you have not registered your copyright in a book with the U.S. Copyright Office until someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you can prove that the alleged infringer has infringed your work and you can prove that the infringement caused you lost sales, lost opportunities … Continue Reading

A PORTRAIT OF AN ARTIST AS A YOUNG…CODE(R)?: Why Understanding Artificial Intelligence & Real Creativity Shouldn’t Make The Artist A Dunsel

Art, said Stephen, is the human disposition of sensible or intelligible matter for an esthetic end.” ― James Joyce, A PORTRAIT OF THE ARTIST AS A YOUNG MAN, Chapter V   [T]he application…identified the author of the Work as the ‘Creativity Machine,’ and noted it was ‘Created autonomously by machine.’ —Complaint, paragraph 17 in Thaler … Continue Reading

Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The … Continue Reading

Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the copyright application issued into a copyright registration? You subsequently find that someone is infringing your copyright registration and you … Continue Reading

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

Introduction GEA is the Common Collecting Society of GRAMMO (Collecting Society of Music Producers), ERATO (collecting Society of Performers), and APOLLON (Collecting Society of Musicians). It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and … Continue Reading
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