Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers.

Copyright 94

Copyright Social Media Copyright Infringement Publishing 94

The IPKat

DECEMBER 17, 2021

In May , a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. This Katpost discussed the case in fuller detail.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Kluwer Copyright Blog

MAY 11, 2023

Missed deadline and transposition In the same way as many EU member states, Ireland missed the transposition deadline (7 June 2021). The Irish legislative transposition finally became law on 19 November 2021. Section 53A). The exception is broadly similar to that contained in Article 3 of the Directive.

Copying 102

Copying Copyright Law Copyright Social Media 102

Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

IP 58

IP Public Domain Copyright Intellectual Property 58

Kluwer Copyright Blog

AUGUST 18, 2021

Public sector bodies are in principle barred from exercising their sui generis rights in information that is subject to the Open data and public sector information directive. The implementation deadline for the revamped directive has just passed (17 July 2021). But the Data governance act would do more. by Tito Rendas. €

Government 55

Government Database Right Intellectual Property Copyright 55

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. It has the capacity to run through a large number of tasks extremely quickly, which allows it to become more capable at performing tasks it has been trained to do.

Music 80

Music Intellectual Property Copyright Technology 80

LexBlog IP

JUNE 28, 2023

The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs. 3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense.

Copying 52

Copying Copyright Law Copyright Editing 52

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. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Article 17’s copyright exceptions are also problematic.

Copyright 106

Copyright Copyright Law Due Diligence Law 106

Kluwer Copyright Blog

JANUARY 9, 2023

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. This begs the question of how EU law can and should meet this challenge. Part II is available here.

Copyright 94

Copyright Blogging Fair Use Reporting 94

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 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code. Redistribution through IP rights in absence of market failure is doomed to fail as it does not to create incentive.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

FEBRUARY 9, 2022

Generally, the distinction between collective licensing with extended effect and mandatory collective management of rights is important (see Study on emerging issues on collective licensing practices, p. This mechanism of mandatory collective management is not new in copyright. 12 of the Collective Rights Management (CRM) Directive ).

Copyright 52

Copyright Licensing Art Publishing 52

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.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52