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Welcome to the third trimester of the 2022 round up of EU copyright law! On 8 September 2022, the CJEU issued its judgment in RTL Television. On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite. Photo by Markus Spiske on Unsplash.
2022 WL 16555584 (S.D.N.Y. 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. 2022 WL 17430309 (9th Cir.
In June 2022, EU leaders granted candidate status to the Republic of Moldova, noting that its reform agenda must continue until EU conditions are met. ” The establishment of “an efficient system” for the collective management of copyright and relatedrights was also mentioned.
This post is the third and final instalment in the “Africa IP Highlights 2022" series of posts highlighting some of the key developments in IP in Africa in 2022. As previously stated, the Africa IP Highlights 2022 is the result of collaboration between myself and and Doreen Adoma Agyei and Clarisse Mideva.
The Motion Picture Association’s interest in file-hosting platform DoodStream first came to light in a submission to the USTR in October 2022. million visits in August 2022, while using the services of DDoS-Guard in Russia and OVH in France. The MPA estimated the site received 82.7
Events IP Lawyers Tool - 1st World Robot Patent Drafting Symposium - 23 and 24 September 2022 - Cannes, France IP Lawyers Tool will hold the 1st World Robot Patent Drafting Symposium on 23 and 24 September 2022 from 1:00pm to 8:00pm (CEST). Further information about the 2022 Conference Program and registration can be found here.
As the name indicates, Le Musée intends to celebrate art. It features reproductions of paintings by classic masters, including Botticelli’s. The Florence museum, where Venus is held, was nonetheless unimpressed with this homage. The answer is in the negative for two reasons.
WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and RelatedRights 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.
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 relatedrights owners. 2022, April 22). The Act further lays down the limitations on copyrights, provides and establishes penalties for infringement.
Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act). The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works.
This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and RelatedRights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).
It is now an offence for any person to import into Kenya any goods or items bearing an IP right that has not been recorded with the Kenya Anti-Counterfeit Authority (ACA). Once recorded, a recordation mark will be issued, giving the IPR owner an exclusive right to import into Kenya any goods/products bearing the recorded IPR.
The book addresses the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended), and also addresses other forms of protection and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.
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 relatedrights, must be subject to review by a court or an independent administrative body.
In the United States, for example earlier in 2022, the Copyright Office declared that it will only “register an original work of authorship, provided that the work was created by a human being.”. Most jurisdictions, including Spain and Germany, state that only works created by a human can be protected by copyright.
This new authority, which should come into being on 1 January 2022, will replace the Conseil Supérieur de l’Audiovisuel and the Haute Autorité pour la diffusion des œuvres et la protection des droits sur Internet. ARCOM has been tasked with drawing up a blacklist of infringing sites. [3]
The consultation closes on 7 January 2022. That call concerned patents, copyright and relatedrights, designs, trade marks and trade secrets. Background. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.
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 relatedrights approach.
The use of AI technology to generate images or music and other creative works, has legal implications for copyright and relatedrights 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.
On 22 September 2022, the Advocate General provided his opinion on the case. 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 ).
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. 2916/2022. (2) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.
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.
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.
Belgium and Croatia , like France and Hungary before them, offer no explicit protection for the holders of relatedrights over subject matter incorporated in press publications. The Czech Republic and Croatia provide no protection from the press publishers’ right for works or other subject matter for which protection has expired.
Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and RelatedRights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.
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.
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'.
The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and RelatedRights (SCCR) took place from 9 to 13 May 2022 in Geneva. Image by Ag Ku via Pixabay. This was the first time since the COVID-19 pandemic started that most of the delegates were reunited in person.
See Daniel Gervais, Collective Management of Copyright and RelatedRights Ch. 21, 2022), [link]. See supra Part IV [ read full article here ]. See supra note 56, at 231-56 [ read full article here ]. See supra Part IV [ read full article here ]. The court found that this activity was not a fair use. 16, 2024), [link].
While the Irish Copyright and RelatedRights 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.
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 ".
As reported in February 2022, notices published on the Lumen Database referenced well over one hundred pirate sites, all of which had been previously blocked for copyright infringement under the orders of the High Court in London. Voluntary Deindexing Confirmed Elsewhere in Europe.
Compensation presupposes culpability and infringement of IP (or relatedrights) (i.e., Endnotes (1) Decision 15.010/2022 of the Multi-member Court of First Instance of Thessaloniki. (2) 4) Indeed, article 65 of Law 2121/1993 is a special provision in relation to article 914 of the Civil Code.
After more than two years of incalculable losses following Russia’s full-blown invasion in 2022, Ukraine continues to defy the odds as it fights for the right to exist as an independent state. Ukraine views its participation in the program as a positive step in its bid for closer ties with the EU.
The Royal Decree concerning the relatedrights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021. 205/4 of the Belgium’s Code of Economic Law (as in force prior to the 2022 reform to implement Directive (EU) 2019/790).
The Thomas Edison Innovation Law and Policy Fellowship promotes excellent academic research about IP and relatedrights in the innovative and creative communities. The deadline for completing the application form and for the submission of references and all required documents is 31 January 2022. Researchers, including Ph.D.
In 2019, the EU legislature introduced an EU-wide relatedright (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.
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 relatedrights.
Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and RelatedRights , adopted in December 2022. Patents Rose Hughes examined the decision in T-0605/20 issued by the Board of Appeal on 11 November 2022.
This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs that do not meet the abovementioned creativity threshold do not automatically fall in the public domain, but are protected by a relatedright as simple photographs. Photo by Soragrit Wongsa on Unsplash.
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.
Following Russia’s full-scale invasion in February 2022, even closer ties with the EU became a matter of national urgency for Ukraine. On its western borders lay peace, opportunity, and the European Union. To the east, war, regression, and Vladimir Putin.
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