IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. MOCI Regulation No. Conclusion.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. 56 of 2021 on management of song and/or music copyrights royalties. Image Source: Shutterstock].

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Music Copyright Copyright Infringement Moral Rights 98

The IPKat

DECEMBER 15, 2023

IPR Recordation was introduced through the Statute Law (Miscellaneous Amendments) Act of 2018 under Section 34B of the Anti-Counterfeit Act which requires all intellectual property rights relating to goods imported into Kenya to be recorded with the ACA. This Bill aims to repeal the Copyright Act 2001 in its entirety.

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IP Intellectual Property Copyright Music 64

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. 2790/2021; and Court of Appeals of Thessaloniki decision No. 766/2021; No. 2916/2022. (2)

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Copying Copyright Law Copyright Editing 52

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied.

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Trademark IP Registering Trademarks Brands 74

LexBlog IP

NOVEMBER 8, 2023

Based on these incidents, the claimant requested: a temporary determination of the amount of the equitable and uniform remuneration to which she was entitled for the years 2011 to 2021. Decision Legal framework Law 2121/1993 Law 2121/1993 protects the basic categories of beneficiaries of neighbouring rights.

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Music Related Rights Law Contracts 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible.

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Related Rights Law Copyright Copying 52

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.

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Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

NOVEMBER 28, 2022

Remuneration of authors under French copyright law before the 2021 Order. is not sufficient and therefore is in breach of the law, and in a judgment of 30 November 1999, the same court ruled that a clause providing for 0% for the first 1,000 copies sold, 7% for the next 2,000 copies and 10% beyond 3,000 copies sold, was null.

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Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

NOVEMBER 24, 2021

In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts 98

Contracts Copyright Law Cease and Desist 98

TorrentFreak

DECEMBER 16, 2022

In 2021, when TorrentFreak discovered that whole site deindexing was already underway in the Netherlands, Google was no more talkative than four years earlier. This means that the domain names of all websites blocked by LRTK decisions and their copies will not be published on the Google search platform.

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Publishing Television Government Copyright 107

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Generative AI Computer-generated art reached a tipping point in 2022.

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Copyright Art Registration Fair Use 145

LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

Music 52

Music Television Copyright Related Rights 52

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

SEPTEMBER 20, 2023

20 years later, Pelham composed (together with a second defendant), produced and released the hip-hop rap song “Nur mir”, which is underlain by a continuous loop of a two-second rhythmic sequence of metallic drum sounds that had been electronically copied from the “Metall auf Metall” phonogram. After 7 June 2021: Pastiche(?)

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Art Copyright Law Copyright Music 83

The IPKat

SEPTEMBER 19, 2022

It is worth noting that, as of today and despite the deadline of 7 June 2021, 8 Member States (Bulgaria, Greece, Cyprus, Latvia, Portugal, Slovenia, Finland, and Sweden) have yet to adopt measures to transpose the DSM Directive into their own laws.

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Art Copyright Law Related Rights 135

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. b) Teaching.

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Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

JULY 16, 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. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

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Copying Law Copyright Law Copyright 52

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. Article 43bis l.aut.

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Publishing Law Contracts Licensing 59

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. Article 43bis l.aut.

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Publishing Law Contracts Licensing 52

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. The implementation of this right is another challenge unless the press publishers exercise their rights collectively. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code.

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Kluwer Copyright Blog

APRIL 5, 2022

We started this rubric back in 2021. End of 2021. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

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Copyright Law Copyright Law Music 64

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. 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. 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

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Moral Rights Law Copyright Copyright Law 52

Velocity of Content

NOVEMBER 25, 2024

7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. 9 The reproduction right essentially gives copyright owners the exclusive right to make copies of their work or to authorize others to do so. Ginsburg & R. Dreyfuss eds., ↩︎ See Grokster, 545 U.S.

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Copyright Derivative Work Intellectual Property Copying 52

Kluwer Copyright Blog

JUNE 6, 2022

Therefore, a copy-paste implementation of the provision during the implementation process is simply not an option if no additional guidelines are provided on how the safeguards can be made operational in practice. The CJEU clarifies that the platforms cannot be required to provide an independent assessment of this information.

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Copyright Settlement Law Copying 59

The IPKat

JANUARY 27, 2025

Case C-840/24 concerns the distribution, by collective management organisations (CMOs), of proceeds from private copying and lending rights. The request asks whether publishers may benefit from a fund, run by a CMO and funded through compensation for private copying exception and public lending rights.

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Copying Publishing Art Copyright 67

Kluwer Copyright Blog

MARCH 17, 2025

The new copyright law, the amended Polish Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. After the implementation deadline passed in June 2021, and after the CJEUs ruling in April 2022, the first draft Polish proposal was submitted for public consultation.

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Marketing Marketing Copyright Related Rights 52