The IPKat

OCTOBER 25, 2023

Between 2016 and 2020, the labour unions of the ONB musicians and the ONB unsuccessfully tried to negotiate a collective agreement. The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021.

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Related Rights Art Journalism Government 130

Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. Since then, courts in the U.S.

Copyright 94

Copyright Blogging Fair Use Reporting 94

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

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Music Copyright Copyright Infringement Moral Rights 97

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. In 2020 and 2021, the Committee held hybrid format sessions of online and in-person participation, with most of the delegations attending remotely.

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Copyright Intellectual Property Publishing Reporting 102

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.

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Copyright Publishing Journalism Art 123

Kluwer Copyright Blog

DECEMBER 14, 2022

And even though these works are often primarily utilitarian facts, ideas, and procedures, most are sufficiently original to attract copyright originality in their entirety. This has allowed manufacturers and rightsholders to curtail their unauthorised reproduction and communication online. Image by Annie Spratt. Citing the U.S.

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Copyright Cease and Desist Fair Use Publishing 102

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

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Music Copyright Related Rights Ownership 55

Velocity of Content

NOVEMBER 25, 2024

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. broadcasting rights) and/or compensation mechanisms (e.g., broadcasting rights) and/or compensation mechanisms (e.g.,

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Copyright Derivative Work Intellectual Property Copying 52

The IPKat

DECEMBER 15, 2022

The first 2 posts covered copyright and trade marks. No draft Bill has been seen (yet)… In September, South Africa’s National Assembly passed the Copyright Amendment Bill and sent it to the National Council of Provinces for its concurrence. This post is about patents, other IPRs and reforms in IP policy, legislation and administration.

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IP Patent Intellectual Property Government 134

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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Music Copyright Derivative Work Ownership 64

TorrentFreak

JUNE 3, 2023

Recording Industry Behind The Action The initial claim was filed in February 2020 by the Bulgarian Association of Music Producers (BAMP) with support from IFPI, the International Federation of the Phonographic Industry. From: TF , for the latest news on copyright battles, piracy and more.

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Music Copyright Infringement Copyright Reporting 144

LexBlog IP

OCTOBER 13, 2021

Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

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Related Rights Licensing Law Copyright 98

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. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

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Art Law Related Rights Marketing 85

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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Copying Law Related Rights Copyright Law 55

Kluwer Copyright Blog

MARCH 21, 2023

‘Laziness by Ramón Casas, provided by the Museu Nacional d’Art de Catalunya, available here’ In August 2020, a review of the Orphan Works Directive (2012/28/EU), or OWD, was initiated by the European Commission. Some strong-willed cultural heritage institutions made an effort to use the system, and only a few succeeded.

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Copyright Marketing Marketing Licensing 102

The IPKat

OCTOBER 4, 2022

The study represents the second phase of a project already started in 2019, which led to the publication of its first phase named " Automated Content Recognition: Existing technologies and their impact on IP " in November 2020. YouTube's Content ID as well as Meta's Rights Manager ) as well as purchased or outsourced third-party ACRs (e.g.

Technology 117

Technology Publishing Social Media Intellectual Property 117

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).

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Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

SEPTEMBER 8, 2024

In this ruling, the CJEU clarifies its rather ambiguous position in the judgment French Data Network of 6 October 2020 (C-511/18), which was interpreted by the French legislator as not allowing the identification of internet users for civil faults and ‘minor’ criminal offences. More generally, this decision was very well received in France.

Privacy 42

Privacy Copyright IP Copyright Infringement 42

Kluwer Copyright Blog

OCTOBER 23, 2024

Secondary Publication Rights as Enablers of (Green) Open Access SPRs are rights under copyright law that allow authors of publicly funded scientific research to post their published works on institutional websites and repositories, without the need for permission from the publishers that often own the copyrights.

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Publishing Journalism Copyright Editing 74

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. For comparison, U.S.

Designs 40

Designs Design Copyright Artistic Work 40

The IPKat

DECEMBER 15, 2023

The first 2 posts covered copyright and trade marks. Also in January in Kenya, a call for public participation on the Draft Copyright Tribunal (Procedure) Regulations , 2022 was issued, allowing the public to review and comment. In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament.

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IP Intellectual Property Copyright Music 64

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.

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Copyright Marketing Marketing Law 52

Kluwer Copyright Blog

SEPTEMBER 20, 2023

When the German Federal Court of Justice (BGH) issued its fourth ruling in the “Metall auf Metall” copyright sampling case in April 2020, it seemed that the dispute would finally reach the top of the hill (see here ). In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art. 5 InfoSoc Directive.

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Art Copyright Law Copyright Music 76

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. Photo by Rock’n Roll Monkey on Unsplash.

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IP Inventor Invention Intellectual Property 67

LexBlog IP

MAY 4, 2022

The matter was brought in the past before the Greek Copyright Organisation (OPI) and the parties following negotiations found a temporary and partial solution. GEA argued that this gave it the right to collect equitable remuneration for the broadcast of the works under article 49 of the Greek Copyright Law.

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Contracts Music Related Rights Television 52

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 52

Intellectual Property Moral Rights Related Rights Art 52

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. Everyone is talking about AI.

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IP Intellectual Property Invention Copyright 40

IP and Legal Filings

NOVEMBER 30, 2022

On November 15th, 2020, Cambodia completed the Regional Comprehensive Economic Partnership (RCEP), the largest free trade agreement, which included 10 ASEAN members and 5 additional regional nations with which ASEAN already had free trade agreements in place.

Intellectual Property 89

Intellectual Property Marketing Marketing IP 89

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.

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Government Database Right Intellectual Property Copyright 55

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 52

Television Copyright Blogging Law 52

TorrentFreak

SEPTEMBER 6, 2023

Bulgaria and Recent Pirate Site Events After years of criticism from the United States, in 2020 there were signs that Bulgaria would begin a crackdown against pirate sites including Zamunda and RARBG. From: TF , for the latest news on copyright battles, piracy and more. The country reportedly requested assistance from the U.S.

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Intellectual Property Television Reporting IP 124

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. WTO Council meeting held in October 2020. WTO Council meeting held in November-December 2020.

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IP Related Rights Patent Technology 52

TorrentFreak

APRIL 30, 2024

” Copyrights Trump Privacy Rights In its decision handed down Tuesday, initially only in French, the CJEU leaves no stone unturned in delivering a win for rightsholders. Data collected includes date and time of alleged infringement, IP address, peer-to-peer protocol, user pseudonym, details of copyright works, filename, ISP name.

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Privacy IP Related Rights Law 132

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. Fundamental rights have helped to adapt rules that were shaped for the analogue world to the digital environment.

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Copyright Intellectual Property Copyright Law Law 58

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below. 4, (2) UrhG.

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Moral Rights Law Copyright Copyright Law 52