Kluwer Copyright Blog

JULY 27, 2022

Source: European Copyright Society. Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Digital and Cross-Border Teaching Activities (Article 5). All ECS opinions are archived here: [link].

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Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

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Blogging Contracts Copyright Law Copyright 98

IPilogue

JUNE 14, 2022

In 2019 , Ithaca Holdings acquired Big Machine Records for an estimated $300 million, including the master recordings for one of the most popular and successful musicians in the world: Taylor Swift. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry.

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Music Contracts Licensing Ownership 119

The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim. First, held the Board, a machine cannot enter into any binding legal contract.

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Copyright Artistic Work Copyright Law Contracts 145

TorrentFreak

FEBRUARY 7, 2023

They didn’t deny that the AimJunkies site offered ‘Destiny 2’ cheats in the past but rejected allegations that copyright law had been violated. Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. This attempt was more successful.

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Contracts Privacy Copyright Infringement Copyright 144

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

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The IPKat

DECEMBER 15, 2023

This time he has found a recent ruling issued by the Paris Court of Appeal , concerning a copyright assignment agreement, a subject that is the source of many disputes in France. In early 2019, Ms Y noticed that several of her other photos were still available online and had been altered. Ms Y then appealed.

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LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

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Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers.

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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Artwork Contracts Ownership IP 98

JIPEL Copyright Blog

APRIL 23, 2021

To get around the tangle of copyright law. There are two types of copyright registrations available for music: composition rights, which can cover lyrics and sheet music, and sound recording rights, which cover the actual recording of the song.

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Copyright Law Copyright Law Music 45

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author. Remuneration of authors under French copyright law before the 2021 Order. The implementation of the CDSM into French law.

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Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

SEPTEMBER 30, 2024

The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the validity of a number of provisions of the Law of 19 June 2022 , which transposed the 2019 Copyright in the Digital Single Market Directive (CDSMD) in Belgium.

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Kluwer Copyright Blog

JANUARY 9, 2023

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). . Part II is available here.

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The IP Law Blog

MARCH 31, 2022

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

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Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). The purpose of copyright, its social and innovation function, is thereby seriously undermined.

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Copyright Art Licensing Contracts 118

The IPKat

DECEMBER 5, 2021

As previously discussed , the Copyright (Rights and Remuneration of Musicians, Etc.) Bill proposed new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. to modernise the law so it reflects the reality of the music industry." This bill is not about anarchy in the UK.

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The IPKat

OCTOBER 6, 2021

The occasion of the conference is the publication of Eleonora Rosati’s book, " Copyright in the Digital Single Market. Article-by-Article Commentary to the Provisions of Directive 2019/790 ". On October 22, the Fashion Law London will conduct the program, " The Fashion Marketplace: Law and Policy ". Tito Rendas.

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Copyright Lately

MAY 7, 2021

In 2019, Warner Bros. As Warner points out, just because a lawsuit may involve a copyrighted work, this doesn’t mean that it necessarily arises under the Copyright Act. Accounting Claims Between Copyright Co-Owners Don’t Arise Under Copyright Law.

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Ownership Copyright Copyright Law Television 85

LexBlog IP

MAY 4, 2022

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

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The IPKat

AUGUST 24, 2021

Beach + sunbathing + copyright = the perfect summer As readers with an interest in EU copyright are well aware, EU Member States had time until 7 June to transpose the DSM Directive 2019/790 [Katposts here ] into their own national laws.

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The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

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The IPKat

DECEMBER 13, 2022

The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated. As such, the only valid CMO for the music industry is the Musical Copyright Society of Nigeria (MCSN).

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SpicyIP

JANUARY 16, 2022

On 8 December 2021, the Madras High Court delivered an important judgment concerning copyright law. The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. Lemon Tree Hotels Limited (2019 SCC Online Del 6568). paragraphs 39, 42). Section 34.

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The IPKat

FEBRUARY 3, 2023

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness.

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SpicyIP

MARCH 20, 2023

According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.

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The IPKat

SEPTEMBER 16, 2022

On the oriental side, readers may recall that Bruce Lee Enterprises (the estate of the late well-known Chinese American martial artist Bruce Lee) filed a lawsuit against “Real Kungfu” fast-food chain for using Bruce Lee’s image without permission in Shanghai back in 2019. InternKat James Kwong reported that the trial has recently begun.

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IP and Legal Filings

JULY 21, 2022

Copyright ensures certain minimum rights and it has never been an absolute right. If copyright protection is applied rigidly, it will hamper progress of the society. According to annual reports published by IRRO, It collected only INR 3,21,800/- as license fees for royalty distribution 2019-20. The number suggests its misery.

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Copyright Licensing Higher Education Copying 98

Kluwer Copyright Blog

JANUARY 16, 2023

In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). UrhG, was completely reworked.

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Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Free alienability Common law favours the easy alienability of authors’ rights, which is particularly evident in the United States (U.S.). On this prompt, Prof.

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Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1.

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Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

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Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. IV. Copyright contract law (Sections 31 et seqq.

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Michael Geist

DECEMBER 3, 2024

which used WebText , a data set that traces back to 2019. Finally, the companies also point to their terms of use, which restrict certain activities, but this may only involve a breach of contract and not necessarily copyright infringement. We also know about the data that went into GPT 2.0,

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IP and Legal Filings

NOVEMBER 9, 2022

But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law . Section 2(h) of the Indian Contract Act,1872 defines ‘Contract’ as “An agreement enforceable by law”.

Contracts 52

Contracts Law Technology Privacy 52

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws. WIPO conference hall – picture by David Matthiessen) Prof.

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