Kluwer Copyright Blog

DECEMBER 1, 2021

The consultation closes on 7 January 2022. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes. Background.

IP 75

IP Inventor Invention Intellectual Property 75

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

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

JUNE 28, 2023

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages. 2916/2022. (2) Endnotes (1) Decision No. 438/2018. (6)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

Likewise, when the Uffizi Museum sent a letter to the French maison Jean Paul Gauthier back in April 2022 asking to cease all uses of “ the Birth of Venus ” in their Le Musée collection, it possibly thought it would eventually receive – at the very least – some kind of reply. Yet, she kept ignoring him.

Artwork 59

Artwork Public Domain Art Copyright 59

Velocity of Content

JANUARY 7, 2025

The rapid change and uncertainty in the realm of AI and copyright raises the inevitable question of how to legally enable users to access high quality and compliant materials for use in AI systems, given the variability and attendant uncertainty about the scope of rights and exceptions and limitations.

Copyright 52

Copyright Licensing Fair Use Journalism 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

Copyright 145

Copyright Art Registration Fair Use 145

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

Litigation 143

Litigation Copying Copyright Designs 143

The IPKat

NOVEMBER 7, 2021

4iP Council - Licensing Negotiation Groups: what, why, how 4iP will hold an online webinar to discuss the proposed formation of Licensing Negotiation Groups (LNGs) of implementers that would collectively negotiate and license standard essential patents (SEPs). Applications will be open until 24 November 2021 (5:00pm, EST).

Intellectual Property 78

Intellectual Property IP Registration Intellectual Property Law 78

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

Technology 117

Technology Publishing Social Media Intellectual Property 117

Kluwer Copyright Blog

MAY 1, 2023

Image by Gerd Altmann from Pixabay Introduction In November 2022, almost 18 months after the transposition deadline, Law 4996/2022 (Of. In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights.

Licensing 98

Licensing Related Rights Publishing Law 98

Kluwer Copyright Blog

NOVEMBER 28, 2022

The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

SEPTEMBER 26, 2024

Background In 2022, Belgium adopted a law that transposed the DSM Directive into the Belgian Code of Economic Law. In so doing, the Belgian legislator arguably went beyond what was required by the Directive and introduced new statutory remuneration rights for authors and performers. 216/1 and XI.216/2) 216/2) Art.

Publishing 127

Publishing Art Licensing Confidentiality 127

Kluwer Copyright Blog

JULY 11, 2024

The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. In May 2022 AFP reached an agreement with journalists’ organisations to pay an annual fee of 275 EUR to each full-time AFP journalist.

Publishing 81

Publishing Art Journalism Copyright 81

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government 141

Government Related Rights Copyright Law 141

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. About ALLEA.

Copyright 130

Copyright Publishing Journalism Art 130

The IPKat

MAY 31, 2022

Cat in the Box " by admiller is licensed under CC BY 2.0. TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. But for how long will UK-based rights continue to play a role in deciding EU trade mark disputes?

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

Copying 105

Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

MARCH 21, 2023

The 2022 study on the application of the OWD and the flaws of the OWD Over seven years later than the date established in Article 10 OWD, the review of the Directive was initiated. The OWD and the CDSM Directive’s OOCW provisions now coexist as two distinct options that cultural heritage institutions can rely on for clearing rights.

Copyright 105

Copyright Marketing Marketing Licensing 105

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Image by Mediamodifier from Pixabay. Legislative Initiatives.

Copyright 111

Copyright Ownership Journalism Publishing 111

Kluwer Copyright Blog

NOVEMBER 29, 2022

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). However, attention is necessary: the PPR is a related right and its subject matter does not need to qualify as (a part of) a “work”.

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

OCTOBER 23, 2024

DOI:10.26356/ALLEA-SPRS-STATEMENT Licence : This work is licensed under the terms of the Creative Commons Attribution licence, which permits unrestricted use, provided the original author and source are cited (CC BY 4.0). See also “ ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules ” (2022). [5]

Publishing 81

Publishing Journalism Copyright Editing 81

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). The new related right for press publishers (Sections 87 et seqq. d) Caricature, parody and pastiche.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

Copyright Law 52

Copyright Law Law Copyright Television 52

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). More specifically, Art.

Publishing 52

Publishing Art Related Rights Marketing 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. The webinar is scheduled for 7 July 2022 from 3:00pm to 5:00pm (CEST) and would be open to SMEs from the U.S. Further information is available here.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117