IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Provisions of intellectual property law will be applicable to NFTs.

Non-Fungible Tokens 89

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. In fact, Section 72 UrhG basically extends to Lichtbilder the same protection provided to Lichtbildwerke under Section 2(1) UrhG.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

Copyright Law 58

Copyright Law Copyright Law Music 58

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright Law 58

Copyright Law Law Copyright Publishing 58

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. AG Saugmandsgaard Øe suggests that Art. 17 is in principle compatible with the freedom of expression and information guaranteed in Art. Stay tuned!

Copyright Law 58

Copyright Law Copyright Law Television 58

The IPKat

JUNE 26, 2022

and Copyright in Graffiti and Street Art). Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents. closing dinner), IP Lunches (incl.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

The IPKat

APRIL 8, 2023

by Deborah De Angelis On March 16th , Meta (the American information technology company which owns Facebook, Instagram, and WhatsApp) removed the music catalogue of SIAE, the Italian copyright collecting society, from its services due to the parties’ inability to reach an agreement to renew the pre-existing licence. 17 (4), a). 17 (4), a).

Music 127

Music Art Copyright Related Rights 127

Kluwer Copyright Blog

AUGUST 18, 2021

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). because there is no public access regime that applies, or because third parties own intellectual property rights.

Government 55

Government Database Right Intellectual Property Copyright 55

LexBlog IP

JANUARY 16, 2024

One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1] 1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp.

IP 52

IP Copyright Art Related Rights 52

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 84

Copyright Law Art Copyright Law 84

Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

Licensing 98

Licensing Related Rights Publishing Higher Education 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. This has caused extensive debates on the national level comparable to the debate that took place when Art.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music 55

Music Copyright Related Rights Ownership 55

Kluwer Copyright Blog

OCTOBER 26, 2022

The Impact of the German Implementation of Art. On 26 April 2022, the CJEU dismissed the annulment action initiated by the Republic of Poland against Art. The Member States of the European Union follow different approaches when it comes to the implementation of Art. 17 CDSM Directive on Selected Online Platforms”.

Art 52

Art Copyright Intellectual Property Publishing 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 ). 15 of the CDSMD.

Publishing 52

Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

DECEMBER 12, 2022

In current practice, authors are expected to assign or exclusively license their copyright to publishers. Other relevant limitations and exceptions in EU law permit the use of “quotations for purposes such as criticism or review” 9b and the making available of articles on dedicated terminals in library networks. Recommendations.

Copyright 123

Copyright Publishing Journalism Art 123

The IPKat

FEBRUARY 3, 2023

For example, if we ask the Stable Diffusion generator for a “cat wearing a suit” it generates images of dapper cats at the press of a button: As an aside, as it has been discussed previously on the IPKat , there is some uncertainty whether these image outputs are protected under copyright law and, if protected, who owns the relevant copyright.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

JANUARY 9, 2023

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. This begs the question of how EU law can and should meet this challenge.

Copyright 94

Copyright Blogging Fair Use Reporting 94

Kluwer Copyright Blog

FEBRUARY 9, 2022

For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 4 Retransmission Directive ) and extended collective licensing (with opt-out possibility) for out-of-commerce works (art. 12 DSM Directive). 5 Rental Directive ).

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

Second, Art. Thus, copyright protection in the work subsists, with authors having the exclusive right to authorise or prohibit the economic exploitation, including the reproduction, of their works. Yet, this work of art is not located in a museum but en plein air. This is for two reasons, as pointed out by E.

Artwork 55

Artwork Public Domain Art Copyright 55

Kluwer Copyright Blog

MARCH 30, 2022

It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law. At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. 31 and 53).

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. Their introduction highlights the importance of research for creating an innovative digital market in the EU.

Copyright 58

Copyright Intellectual Property Copyright Law Law 58