The IPKat

OCTOBER 25, 2023

The Belgian litigation, initiated in July 2021, concerns a dispute between the musicians of the Belgian National Orchestra (ONB) and the ONB itself. 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.

Related Rights 130

Related Rights Art Journalism Government 130

Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. These additional creative elements can be protected by copyright law, provided they meet the EU originality standard.

Copyright Law 115

Copyright Law Copyright Law Graphic Design 115

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This is the first of a series of blog posts on copyright reform at WIPO. More from our authors: Law of Raw Data. by Christopher Heath. €

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

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 105

Copyright Copyright Law Due Diligence Law 105

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright 108

Copyright Related Rights Law Copyright Law 108

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Wallster, Inc. Redbubble, Inc., LEXIS 198181 (C.D.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

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.

Copyright Law 58

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

Copying 101

Copying Copyright Law Copyright Social Media 101

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

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. With regard to Section 51 UrhG, the BGH ruled that the right of quotation does not require that the person using the quote critically examines the appropriated work to a significant extent.

Related Rights 52

Related Rights Law Copyright Copying 52

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.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

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

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. The officials dealing with copyright were generalist administrators, and expertise on international copyright laws in academia was sparse […].

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

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.

Copyright 102

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.

Copyright 121

Copyright Publishing Journalism Art 121

TorrentFreak

DECEMBER 13, 2021

On December 7, 2021, the signatories to the current memorandum attended a meeting with telecoms regulator Roscomnadzor. “It is understood that these resources are public and controlled by legal entities, which in case of violation of copyright or related rights may act as defendants in court,” the proposals read.

Related Rights 145

Related Rights Copying Copyright Government 145

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

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.

Copyright Law 58

Copyright Law Copyright Law Music 58

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).

Copyright 63

Copyright Law Editing Related Rights 63

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.,

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. This law shows once again the tension and concerns involved in balancing freedom of expression on the one hand with copyright protection on the other hand.

Copyright 52

Copyright Related Rights Ownership Law 52

The IPKat

NOVEMBER 10, 2024

Background The Belgian National Orchestra (ONB) and its musicians have been embroiled in a legal dispute since July 2021. When negotiations broke down, the ONB sought government intervention, which resulted in a Royal Decree issued on June 4, 2021. Temporal application of Arts. 18 to 23 Directive (EU) 2019/790 Under Art.

Law 108

Law Contracts Art Government 108

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.

Publishing 133

Publishing Copyright Related Rights Law 133

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

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.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

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.

Art 85

Art Law Related Rights Marketing 85

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).

Art 135

Art Copyright Law Related Rights 135

Kluwer Copyright Blog

FEBRUARY 12, 2023

148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. Following the reform, other CMOs are allowed to manage copyright on behalf of authors and publishers. 633 of 1941).

Copyright 63

Copyright Law Marketing Marketing 63

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?

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

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.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 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. From: TF , for the latest news on copyright battles, piracy and more. Interestingly, Google itself had very little to say. Voluntary Deindexing Confirmed Elsewhere in Europe.

Publishing 107

Publishing Television Government Copyright 107

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. .

Technology 117

Technology Publishing Social Media Intellectual Property 117

The IPKat

DECEMBER 15, 2023

The first 2 posts covered copyright and trade marks. 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.

IP 64

IP Intellectual Property Copyright Music 64

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.

Law 58

Law Intellectual Property Related Rights Art 58

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.

Copyright 101

Copyright Settlement Government Copyright Infringement 101

The IPKat

JANUARY 30, 2022

GuestKat Becky Knott commented on the decision of the 2nd Board of Appeal in case R 609/2021-2 [ Volkswagen Aktiengesellschaft v European Flipper / Pinball Factory GmbH ], which shows that it is possible to rely on 3D marks in the context of opposition proceedings.

Moral Rights 76

Moral Rights Database Right Design Designs 76