2019, Copyright, Marketing and Related Rights

The EU AI Act has been published

The IPKat

JULY 12, 2024

While the AI Act is not IP-specific legislation, it will have a substantial impact on it, notably copyright and trade secrets. It covers a wide range of areas, from health and safety to CE marking and copyright. IP-related impact Recitals 104 to 109 and Article 53 have a direct impact on copyright.

Publishing

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. 3, second sentence UrhG.

Related Rights

Related Rights Law Copyright Copying

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU). Kat-negotiations.

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright

Copyright Art Fair Use Registration

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Kluwer Copyright Blog

DECEMBER 14, 2022

By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes. It is often prepared and published by either the original equipment manufacturers (OEMs) or third-party publishers. Image by Annie Spratt.

Copyright

Copyright Cease and Desist Fair Use Publishing

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 71 of 2019, dated October 10, 2019, regarding the Provision of Electronic Systems and Transactions. Image source: iStock]. Government Regulation No. MOCI Regulation No. Conclusion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

JANUARY 12, 2022

Published in late 2021, Dr R.V.Vaidyanatha Ayyar’s 421 paged “ Present at Creation: The Making of Internet Treaties 1996 ” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

Intellectual Property

Intellectual Property Publishing Copyright Technology

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property

Intellectual Property Intellectual Property Law Related Rights Registration

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying

Copying Copyright Law Copyright Social Media

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. It defines the extent of protection.

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

Contracts

Contracts Copyright Law Cease and Desist

Cambodia and its RCEP Accession

IP and Legal Filings

NOVEMBER 30, 2022

Now, by November 2019, all involved nations hope to have a pact finalised and signed. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. By 2050, the predicted $0.5

Intellectual Property

Intellectual Property Marketing Marketing IP

The Resolution of the European Parliament on protection of live sport events

Kluwer Copyright Blog

JUNE 28, 2021

In previous posts on this Blog we have analyzed some developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet and the use of the dynamic injunction, with special focus on the protection of live sport events. million to 30.9

Television

Television Copyright Blogging Law

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government

Government Database Right Intellectual Property Copyright

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. Copyright and related rights. copyright protection for AI software. The call for views points out that AI is already used to create copyright works, such as music and art.

IP

IP Intellectual Property Invention Copyright

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive. Copyright Office on August 30. Opting out – but how?

Copyright

Copyright Fair Use Publishing Reporting

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). The licenses may cover all the same uses covered by the limitation.

Licensing

Licensing Related Rights Publishing Law

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

LexBlog IP

JANUARY 16, 2024

This third part of our four-part series on using synthetic data to train AI models explores the interplay between synthetic data training sets, the EU Copyright Directive and the forthcoming EU AI Act. Stated another way, how can a person wishing to use such content reasonably discover and avoid materials subject to an opt-out?

IP

IP Copyright Art Related Rights

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

DECEMBER 12, 2022

The new copyright rules relevant to “Big Deals”. Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Under the law of copyright, the authors of works of science are the copyright owners of their published articles.

Copyright

Copyright Publishing Journalism Art

Member States referred to the CJEU for failure to transpose copyright directives into national law

Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

Copyright

Copyright Law Editing Related Rights

EU copyright law round up – third trimester of 2021

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Television

Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

Kluwer Copyright Blog

MAY 31, 2022

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. Puls 4 had argued that YouTube was responsible for copyright infringement by its users. 2021, 4 Ob 132/21x ).

Copyright Infringement

Copyright Infringement Cease and Desist Copyright Intellectual Property

European Copyright Directive: Which Stage is the European Union At?

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. The European Parliament and Council’s decision to adopt directives on copyright law, as opposed to regulations, is consistent with the dynamic character of copyright law.

Copyright

Copyright Copyright Law Due Diligence Law

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

Art

Art Copyright Law Related Rights

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

FEBRUARY 7, 2024

In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. Is a copyright notice sufficient? What about the words “all rights reserved?”

Editing

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing

Publishing Marketing Marketing Advertising

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

Technology

Technology Publishing Social Media Intellectual Property

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

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.

Publishing

Publishing Copyright Related Rights Law

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

Kluwer Copyright Blog

MAY 26, 2022

The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. The Directive entered into force in June 2019 and had to be transposed by Member States by 7 June 2021.

Law

Law Intellectual Property Related Rights Art

Around the IP Blogs

The IPKat

MAY 31, 2022

Can a slogan be protected by copyright? The Kluwer Copyright Blog reports on a recent Italian Supreme Court decision addressing this question. As reported by MARQUES, the project was awarded first prize in the " best application of tech in the public sector " category at the 2022 Global Business Tech Awards.

Blogging

Blogging Non-Fungible Tokens IP Reporting

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. As a result, the impossibility to disseminate valuable cultural heritage remained.

Copyright

Copyright Marketing Marketing Licensing

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Kluwer Copyright Blog

MARCH 8, 2023

Introductory remarks The Greek legislator transposed Directive (EU) 2019/790 (CDSMD) with considerable delay, enacting L. 4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L.

Publishing

Publishing Art Related Rights Marketing

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

Copyright

Copyright Licensing Art Publishing

Sunday Surprises

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

Reading List: Art. 17 implementation

43(B)log

FEBRUARY 4, 2022

17 Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) with a new Act on the Copyright Liability of Online Content Sharing Service Providers (OCSSP Act), which entered into force on 1 August 2021. The Impact of the German Implementation of Art.

Art

Art Related Rights Copyright Marketing

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

NOVEMBER 11, 2021

17 CDSMD establishes that online content sharing service providers (OCSSPs) perform an act of communication to the public or an act of making available to the public – for the purposes of that Directive – when they give public access to copyright-protected content uploaded by their users. As is well known, Art.

Art

Art Law Intellectual Property Intellectual Property Law

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. 17 DSM Directive was introduced in 2019. The right of “re-utilization” pursuant to Art. Some argue that Art.

Art

Art Law Related Rights Marketing

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Kluwer Copyright Blog

NOVEMBER 28, 2022

Remuneration of authors under French copyright law before the 2021 Order. There are two possible forms of remuneration under French copyright law: royalties based on the revenues deriving from the exploitation of the work, and, as an exception to this rule, fixed royalties in the form of a lump sum.

Contracts

Contracts Intellectual Property Cinema Copying

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Kluwer Copyright Blog

MAY 18, 2022

This part II discusses the growth of public regulators as a check on the rise of private power in the online environment, addresses new institutional arrangements in the EU for regulating conduct online, and highlights our proposal for a new EU copyright institution. A New EU Copyright Institution.

Copyright

Copyright Marketing Marketing Law

CDSM: French transposition on the remuneration of performers

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts

Contracts Intellectual Property Music Cinema

On the necessity of filtering online content and its limitations: AG Saugmandsgaard Øe outlines the borders of Article 17 CDSM Directive

Kluwer Copyright Blog

JULY 20, 2021

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

Copyright

Copyright Settlement Government Copyright Infringement

The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms

Kluwer Copyright Blog

OCTOBER 26, 2022

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. The impact of the Judgement on National Implementations.” 11 OCSSP Act.

Art

Art Copyright Intellectual Property Publishing

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

Reporting

Reporting Marketing Marketing Copyright

The EU AI Act has been published

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Trending Sources

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

AI and copyright in 2022

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Protection of Nonfungible Tokens in Indonesia

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Does food flavouring constitute a “work”?

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Cambodia and its RCEP Accession

The Resolution of the European Parliament on protection of live sport events

Please share nicely — From Database directive to Data (governance) acts

AI and IP – A real conversation starter

Generative AI and copyright: Convergence of opt-outs?

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Top 10 Posts on the Kluwer Copyright Blog in 2022

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Member States referred to the CJEU for failure to transpose copyright directives into national law

EU copyright law round up – third trimester of 2021

Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

European Copyright Directive: Which Stage is the European Union At?

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

Around the IP Blogs

The Orphan Works Directive is broken but the Commission won’t fix it!

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Sunday Surprises

Reading List: Art. 17 implementation

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

CDSM: French transposition on the remuneration of performers

On the necessity of filtering online content and its limitations: AG Saugmandsgaard Øe outlines the borders of Article 17 CDSM Directive

The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

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