2023, Licensing and Related Rights - Intellectual Property Pulse

[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

JANUARY 24, 2023

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2023

This post is the third and final instalment in the “Africa IP Highlights 2023" series of posts highlighting some of the key developments in IP in Africa in 2023. As previously stated, the Africa IP Highlights 2023 is the result of collaboration between myself and Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga.

IP

IP Intellectual Property Copyright Music

UK Government axes plans to broaden existing text and data mining exception

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

Government Related Rights Copyright Law

France Mulls Instant IPTV Blocks, €750K Fines & New Piracy Crime of ‘Incitement’

TorrentFreak

MARCH 24, 2025

The dispute still isn’t settled, but after DAZN reportedly paid an estimated 70 million in licensing fees owed for February alone, one aspect of the current crisis was at least kicked a little further down the road. The scope of potential punishments appears to leave prosecutors and the courts with plenty of room for maneuver.

Advertising

Advertising Advertising Marketing Marketing

A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. 2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. 19 CDSM Directive. º-B and 74.º-D º-D of the Copyright Code.

Art

Art Contracts Publishing Licensing

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

Events 24 February 2023: “What Does My Claim Cover?” Intended and Unintended Consequences of Amendments During Prosecution and Post-Grant Proceedings", in Munich, on 24 February 2023. in particular) in relation to amendments to the description, in judicial proceedings and before the EPO. Click here and here to know more.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

JANUARY 24, 2024

It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. To introduce a mechanism of extended copyright licensing.

Copyright Law

Copyright Law Law Copyright Television

The Portuguese Government completes the transposition of the new European Copyright Directive

Garrigues Blog

SEPTEMBER 5, 2023

47/2023, of June 19, 2023. However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive.

Government

Government Copyright Related Rights Licensing

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. See Love 2023. of the draft allows a contracting Party to limit the rights of a broadcasting organization from another contracting party, when that contracting party provides fewer rights.

Public Domain

Public Domain Contracts Copyright Licensing

[Guest post] Litigation commenced against the developers of AI image generation software

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

Litigation Copying Copyright Designs

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

Copyright

Copyright Art Registration Fair Use

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

The Orphan Works Database contains 6,031 works as of March 6th 2023, whereas a 2001 estimate showed for instance that up to 1.25 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. billion periodicals could be orphan works.

Copyright

Copyright Marketing Marketing Licensing

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

LexBlog IP

JANUARY 16, 2024

1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. In other cases, it can be appropriate to reserve the rights by other means, such as contractual agreements or a unilateral declaration.” 4(1) and 4(3).

IP

IP Copyright Art Related Rights

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

FEBRUARY 7, 2024

As noted in the current draft of the EU’s AI Act , “[t]ext and data mining techniques may be used extensively in this [training] context for the retrieval and analysis of such content, which may be protected by copyright and related rights.” Content may be legally posted online over the objections of the copyright owner. 4th 1262 (D.C.

Editing

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions. Further, article 22 of Law 4481/2017, stipulates that: 1.

Music

Music Related Rights Law Contracts

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

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

Music Intellectual Property Copyright Technology

The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I

Kluwer Copyright Blog

MARCH 17, 2025

The new copyright law, the amended Polish Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. In February 2023, the European Commission referred 11 Member States , including Poland , to the CJEU for failure to implement the Directive on time.

Marketing

Marketing Marketing Copyright Related Rights

Intellectual Property Pulse

[Guest post] New Ukrainian Law on Copyright and Related Rights

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

Trending Sources

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

UK Government axes plans to broaden existing text and data mining exception

France Mulls Instant IPTV Blocks, €750K Fines & New Piracy Crime of ‘Incitement’

A summary look at the Portuguese transposition of the CDSM Directive

Friday Fantasies

Key 2023 update: EU Directive implemented in Greek copyright law

The Portuguese Government completes the transposition of the new European Copyright Directive

Whither a Signal-Based Broadcast Treaty?

[Guest post] Litigation commenced against the developers of AI image generation software

AI and copyright in 2022

The Orphan Works Directive is broken but the Commission won’t fix it!

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Court clarifies process for CMO equitable remuneration

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I

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