Kluwer Copyright Blog

OCTOBER 3, 2022

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. The copyright in these two titles expired at the beginning of 2021. Stay tuned! by Alexander Puutio. € Internet Law: A Concise Guide to Regulation Around the World.

Copyright Law 119

Copyright Law Copyright Law Music 119

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

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

IP and Legal Filings

DECEMBER 6, 2022

The Act mandated the creation of two Collective Management Organizations, or CMAs, one for representing the interests of the authors and the other to safeguard the interests of related rights owners. 56 of 2021 on management of song and/or music copyrights royalties.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

Technology & Marketing Law Blog

JANUARY 3, 2023

Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers. Vidal, 2021-2347 (Fed. TorrentFreak : Pornhub reduced DMCA takedown notices 98% by requiring mandatory uploader verification. ” * All Star Recruiting Locums, LLC v.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

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 77

Moral Rights Database Right Designs Design 77

LexBlog IP

MAY 4, 2022

According to PM, the specific musical repertoire in question was not represented by any collective management organisation (CMO) in Greece or abroad and, therefore, no copyrights, related rights, performance rights, or any other rights of third parties were owed.

Contracts 52

Contracts Music Related Rights Television 52

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.

IP 64

IP Intellectual Property Copyright Music 64

LexBlog IP

NOVEMBER 8, 2021

In light of the evolution of the digital practices of Internet users, the new law n° 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital era seeks to modernise the existing framework by creating a new regulatory authority and providing new tools for rights holders.

Intellectual Property 52

Intellectual Property Related Rights Law Advertising 52

The IPKat

MAY 8, 2022

Background In early 2021, Global Trademark Services Ltd (“GTS”) filed applications for the following marks in relation to ‘clothing, footwear, headgear’ in class 25: (UK Application No. The latter restricts the Registrar’s power to act pre-grant for the protection of section 5 rights. • 3587268 and No.

Licensing 92

Licensing Related Rights Registration Publishing 92

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. Photo by Rock’n Roll Monkey on Unsplash.

IP 75

IP Inventor Invention Intellectual Property 75

Kluwer Copyright Blog

SEPTEMBER 8, 2024

The possibility of linking such data with files containing information that reveals the title of protected works, in cases where the same person repeats an activity infringing copyright or related rights, must be subject to review by a court or an independent administrative body.

Privacy 45

Privacy Copyright IP Copyright Infringement 45

The IPKat

DECEMBER 17, 2021

Notably the applicant had a right to be notified of the pending removal and extinction of the related rights in the trademark.

Trademark 74

Trademark IP Registering Trademarks Branding 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.

Music 52

Music Related Rights Law Contracts 52

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 64

IP Public Domain Copyright Intellectual Property 64

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. 2790/2021; and Court of Appeals of Thessaloniki decision No. 766/2021; No. 1483/2021; and No. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

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. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

Music 82

Music Intellectual Property Copyright Technology 82

LexBlog IP

SEPTEMBER 1, 2021

Schiedmayer Celesta GmbH , [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). In Piano Factory Group, Inc.

Registration 52

Registration Music Branding Branding 52

LexBlog IP

MAY 18, 2022

and Nanjing Mengyang Furniture Sales Center ,” issued in 2021, China’s Supreme People’s Court (“SPC”) confirmed that works of applied art could be protected as work of fine arts under China’s copyright law. In the guiding case* “ Crosplus Home Furnishing (Shanghai) Co.,

Designs 40

Designs Design Copyright Artistic Work 40

Kluwer Copyright Blog

NOVEMBER 15, 2022

In April 2021, the Austrian Supreme Court referred two questions of principle to the CJEU concerning the activity of a satellite TV package provider (Austrian Supreme Court, 4Ob195/20k ). Photo by Donald Giannatti on Unsplash. On 22 September 2022, the Advocate General provided his opinion on the case.

Copyright 52

Copyright Music Intellectual Property Related Rights 52

Barry Sookman

JUNE 27, 2021

Computer and Internet Weekly Updates for 2021-06-19 [link] 2021-06-20. RT @eLAWnora : HERE WE GO: CJEU has just ruled that a user-uploaded content platform does not communicate to the public unless it contribute… 2021-06-22. 683/18, important judgement from the [link] on the liability of hosting platforms f… [link] 2021-06-22.

Intellectual Property 52

Intellectual Property Related Rights Blogging Copyright 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 45

Privacy Related Rights Copyright Marketing 45

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. This English language article has been published in full already in “Auteurs & Media” 2021/1, page 33 et seq. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €

Related Rights 52

Related Rights Law Copyright Copying 52

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 led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es.

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

Kluwer Copyright Blog

NOVEMBER 28, 2022

Remuneration of authors under French copyright law before the 2021 Order. The administrative court more generally found that the 2021 Order did not correctly implement the CDSM as it ‘ does not provide that the authors […] have the right to receive appropriate remuneration ’ (§15). The Conseil d’Etat’s judgment.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

The IPKat

NOVEMBER 7, 2021

The webinar will take place on 23 November 2021 at 4:00pm, CET. Competition Law Association: 22nd Annual Burrell Lecture and Dinner The Competition Law Association will hold the 22nd Annual Burrell Lecture and Dinner at the Institute of Directors (London, UK) on 2 December 2021 from 6:15pm to 10:30pm, GMT.

Intellectual Property 79

Intellectual Property IP Registration Intellectual Property Law 79

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

Bernt Hugenholtz, Kluwer Law International, 2021. Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters. in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.).

Copyright Law 124

Copyright Law Copyright Law Graphic Design 124

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. While this ‘code of conduct’ didn’t feature whole site deindexing, the MPA and BPI celebrated the ‘landmark’ agreement.

Publishing 107

Publishing Television Government Copyright 107

Kluwer Copyright Blog

NOVEMBER 24, 2021

In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used. The BGH assumed that an infringement of the related right of the film producer had occurred. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €

Contracts 98

Contracts Copyright Law Cease and Desist 98

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 108

Copyright Intellectual Property Publishing Reporting 108

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.

Copyright 145

Copyright Art Registration Fair Use 145

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 118

Technology Publishing Social Media Intellectual Property 118

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

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing 125

Publishing Copyright Related Rights Social Media 125

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 105

Copying Copyright Law Copyright Social Media 105

Garrigues Blog

DECEMBER 14, 2021

Portuguese Law 82/2021 has been published on November 30, dealing with the supervision, control, removal and impediment of access in a digital environment to protected content, trying to make it a safer and more regulated place for right holders.

Copyright 52

Copyright Related Rights Ownership Law 52