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EU copyright law round up – fourth trimester of 2023

Kluwer Copyright Blog

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. You can read a first take on the copyright relevant provisions here. Stay tuned!

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Public Domain Day 2024 is Coming: Here’s What to Know

Copyright Lately

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. Before you accuse me of being some sort of Disney shill, I’m not advocating for longer copyright terms.

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UK’s short-lived dream for a code of practice on genAI and copyright law

Kluwer Copyright Blog

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. For a full list, see here. Fuelled by AI concerns, it becomes borderline explosive.

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Supreme Court Affirms Availability of Back-Damages Under Copyright Discovery Rule

Patently-O

By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. 2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 20, 2024). 20, 2024). Nealy , No. 22-1078, 601 U.S. Nealy , Patently-O (Feb.

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Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 2

Kluwer Copyright Blog

Image from DALL-E 3 Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. 99 of the Italian Copyright Law entitles the author of such works to be fairly compensated for the unauthorized for-profit implementation of the technical project.

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Kluwer Copyright Blog

More crucially, rightholders can instrumentalize their exclusive right to control initial access to their works, making the exercise of user rights increasingly difficult if not impossible ( Kretschmer & Margoni, 2024 ). licenses for specific uses). However, it is only a first step towards making user’s rights a reality.

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