Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

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Non-Fungible Tokens IP Ownership Contracts 98

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. A significant number of EU Member States is yet to complete the national transposition process, despite the deadline of 7 June 2021.

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Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. In this series, we update readers every three months on developments in EU copyright law. The end of 2021 has been particularly busy. Photo by Markus Spiske on Unsplash. CJEU judgments.

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Copyright Law Copyright Law Reporting 110

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 ). Photo by Possessed Photography on Unsplash.

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IP Public Domain Copyright Intellectual Property 57

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. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Computer-generated works (CGW).

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IP Inventor Invention Intellectual Property 64

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.

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Trademark IP Registering Trademarks Branding 96

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. CJEU judgments and AG Opinions.

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Copyright Law Copyright Law Television 57

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). and not charging fees for re-use. 1(6) Open data directive).

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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. The second part concentrates on the copyright-related challenges raised by the use of artificial intelligence.

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Copyright Law Copyright Law Music 57

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.

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Copyright Related Rights Copyright Law Publishing 52

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.

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Copyright Law Copyright Law Music 108

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.

Television 52

Television Copyright Blogging Law 52

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. The key element to note here is that the Regulations are a type of secondary legislation, known as a Statutory Instrument.

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Copying Copyright Law Copyright Social Media 101

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Protection of technical measures (Section 95a UrhG).

Contracts 98

Contracts Copyright Law Cease and Desist 98

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.

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Copyright Blogging Fair Use Reporting 93

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?

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IP Copyright Art Related Rights 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.

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Copyright Copyright Law Due Diligence Law 106

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.

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Privacy Related Rights Copyright Marketing 57

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. 2021, 4 Ob 132/21x ). Puls 4 had argued that YouTube was responsible for copyright infringement by its users.

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Copyright Infringement Cease and Desist Copyright Intellectual Property 52

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).

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Copyright Law Editing Related Rights 62

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 119

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

JULY 11, 2024

Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. A dispute in Malta can be referred to the Copyright Board, and one in the Netherlands , to the Dispute Committee.

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Publishing Art Journalism Copyright 71

The IPKat

MAY 31, 2022

In two judgments (Basmati, T-342/20 - which we reported on some time ago - and APE TEES, T-281/21), the General Court found that they are relevant (the cases were decided in October 2021 and March 2022, respectively). Can a slogan be protected by copyright?

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Blogging Non-Fungible Tokens IP Reporting 73

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.

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Publishing Marketing Marketing Advertising 87

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).

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Art Copyright Law Related Rights 135

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

Copying 52

Copying Copyright Law Copyright Editing 52

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. I will consider the Italian case to illustrate all this, in particular the latter aspect.

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Publishing Copyright Related Rights Law 131

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

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. This very interesting paper suggests some risks in that direction.

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Art Related Rights Copyright Marketing 45

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

The IPKat

OCTOBER 4, 2022

© Entrupy, " How to use Entrupy Luxury Authentication ", 2021, Vimeo Use Case 3: Solutions to recognise 3D printing files and 3D-printed products The third use case provides an overview of ACR-based solutions for marking, tracking and identifying the computer-aided design (CAD) and the finished 3D printed products. .

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Technology Publishing Social Media Intellectual Property 114

Kluwer Copyright Blog

MAY 26, 2022

The Directive entered into force in June 2019 and had to be transposed by Member States by 7 June 2021. 263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. National implementation has also proved to be a contentious process, with very few Member States meeting this deadline.

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Law Intellectual Property Related Rights Art 57

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 54

Contracts Intellectual Property Music Cinema 54

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.

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Copyright Settlement Government Copyright Infringement 101

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.

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Art Copyright Intellectual Property Publishing 52

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). 177/2021 , issued on the basis of a parliamentary delegation, which amended the Italian Legge sul diritto d’autore (l.aut.). Image via needpix. Article 43bis l.aut.

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Publishing Law Contracts Licensing 54