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. Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

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. This eagerly awaited AG Opinion was published on 15 July 2021. 11 of the Charter of Fundamental Rights of the European Union.

Copyright Law 58

Copyright Law Copyright Law Television 58

Technology & Marketing Law Blog

JANUARY 3, 2023

Moreover, to the extent that any ancillary copyright protections would lack traditional copyright limitations and exceptions, they would raise significant policy and Constitutional concerns… Any change to U.S. Vidal, 2021-2347 (Fed. Hollywood Reporter : 12 Notorious Movies and TV Shows That Have Never Been Released.

Copyright 94

Copyright Social Media Copyright Infringement Publishing 94

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The implementation of the CDSM Directive is still far from over, despite the fact that the implementation deadline passed more than a year ago, on 7 June 2021.

Copyright Law 111

Copyright Law Copyright Law Music 111

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months on developments in EU copyright law. End of 2021. International federation for the phonographic industry (IFPI), Global Music Report 2021.

Copyright Law 58

Copyright Law Copyright Law Music 58

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

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

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

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

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

JUNE 28, 2021

The need of further legal means for combating the piracy of live sport events has recently lead the European Parliament to issue a Resolution of 19 May 2021 with recommendations to the Commission on challenges of sports events organizers in the digital environment. The new Resolution of the European Parliament on sport events: the background.

Television 52

Television Copyright Blogging Law 52

LexBlog IP

JANUARY 16, 2024

One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1] 1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp.

IP 52

IP Copyright Art Related Rights 52

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

Barry Sookman

DECEMBER 19, 2021

Computer and Internet Weekly Updates for 2021-12-11 [link] 2021-12-12. Canadian courts confirm significant limits on privacy class actions [link] 2021-12-13. Judge Cote Grants Google a TRO Against Operators of Malicious "Botnet" [link] 2021-12-13. link] 2021-12-13. 567/2021 [link] 2021-12-13.

Privacy 58

Privacy Related Rights Copyright Marketing 58

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. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

Copyright 106

Copyright Copyright Law Due Diligence Law 106

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 96

Contracts Intellectual Property Cinema Copying 96

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

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 105

Publishing Marketing Marketing Advertising 105

The IPKat

AUGUST 24, 2021

This said, based on what is already available, it is apparent that the provisions that the EU legislature adopted in 2019 to establish a ‘Digital Single Market’ will be implemented in different – if not altogether creative – ways across the EU. I will consider the Italian case to illustrate all this, in particular the latter aspect.

Publishing 131

Publishing Copyright Related Rights Law 131

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

Kluwer Copyright Blog

DECEMBER 12, 2022

In current practice, authors are expected to assign or exclusively license their copyright to publishers. Other relevant limitations and exceptions in EU law permit the use of “quotations for purposes such as criticism or review” 9b and the making available of articles on dedicated terminals in library networks. Recommendations.

Copyright 123

Copyright Publishing Journalism Art 123

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. Some argue that Art.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

OCTOBER 26, 2022

17 CDSM Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) : According to the Grand Chamber of the CJEU, the provision imposes a de facto obligation on service providers to use automatic content recognition tools in order to prevent copyright infringements by users of the platform.

Art 52

Art Copyright Intellectual Property Publishing 52

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. by Tito Rendas. €

Copyright 102

Copyright Settlement Government Copyright Infringement 102

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. Earlier directives impose the mandatory management of rights, most notably for the cable retransmission right in art.

Copyright 52

Copyright Licensing Art Publishing 52

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. de Gregorio & Pollicino 2021 ; de Gregorio 2020 ).

Copyright 58

Copyright Intellectual Property Copyright Law Law 58