Kluwer Copyright Blog

SEPTEMBER 20, 2023

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.

Art 76

Art Copyright Law Copyright Music 76

The IPKat

OCTOBER 11, 2022

As the name indicates, Le Musée intends to celebrate art. First, because the Italian transposition of Article 14 – that is: Article 32-quater of the Italian Copyright Act – is expressly without prejudice to the application of the CHC. It features reproductions of paintings by classic masters, including Botticelli’s.

Artwork 143

Artwork Public Domain Moral Rights Art 143

Kluwer Copyright Blog

MAY 28, 2024

Furthermore, the AI Law Proposal introduces some dedicated provisions on copyright and media-related matters, which are the focus of this post. AI Law Proposal and provisions relevant for copyright In Article 24 of the AI Law Proposal, amendments are proposed to Article 1 of the Italian Copyright Law ( Law 22 April 1941, n.

Law 61

Law Copyright Art Government 61

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

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 52

Designs Design Copyright Artistic Work 52

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. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Provisions of intellectual property law will be applicable to NFTs. Conclusion.

Non-Fungible Tokens 89

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

TorrentFreak

JANUARY 22, 2023

Harmonization With EU Copyright Law Under the EU-Moldova Association Agreement of 2014, Moldova was required to reform copyright law to meet EU standards. ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned.

Copyright Law 119

Copyright Law Music Law Copyright 119

Kluwer Copyright Blog

FEBRUARY 12, 2023

In fact, until 2017, when the Decree-Law No. 148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. 35/2017, whose Art. 633 of 1941).

Copyright 64

Copyright Law Marketing Marketing 64

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

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

JULY 15, 2021

Interference with freedom of expression/information The AG considered that freedom of expression/information (but also freedom of the arts in some cases) “is undeniably relevant in the present case” and that Article 17 does interfere with it. Such acknowledgement, continued the AG, would reflect CJEU case law itself.

Copyright 103

Copyright Law Related Rights Technology 103

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), b).

Music 127

Music Art Copyright Related Rights 127

Kluwer Copyright Blog

AUGUST 18, 2021

But the 2019 Open data directive makes this even more explicit, by mandating that “The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of documents or to restrict re-use…” Art. 1(6) Open data directive). by Tito Rendas. €

Government 55

Government Database Right Intellectual Property Copyright 55

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

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

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. 4(1) and 4(3).

IP 52

IP Copyright Art Related Rights 52

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. Some argue that Art.

Art 85

Art Law Related Rights Marketing 85

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

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

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

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

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

DECEMBER 12, 2022

ALLEA agrees, and therefore favours copyright rules that allow for OA publication of (partially) publicly funded research with immediate access and no embargo. Negotiate future deals considering national and EU copyright law. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3 9] (a) Art. 5(3)a, (b) Art.

Copyright 123

Copyright Publishing Journalism Art 123

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

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

azrights

AUGUST 11, 2022

Would they be infringing your copyright though? Is the output infringing copyright? From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes.

Copyright 97

Copyright Due Diligence Designs Design 97

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

IIPRD

JUNE 24, 2024

3] Berne Convention for the Protection of Literary and Artistic Works, 1887 ‘The Berne Convention for the Protection of Literary and Artistic Works’, formed on September 9, 1886, is the earliest international treaty on copyrights. [4] 6] Supra note 4, art. 9] “WIPO Copyright Treaty, Dec. 4 (1986): 423–40. [6] 20, 1996, S.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

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. First, limiting the reach of the VSE carve-out opens the door to the inclusion of facts and news of the day in the scope of the press publishers’ right. 31 and 53).

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 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. They have informed important debates and will certainly continue to do so in the coming years.

Copyright 58

Copyright Intellectual Property Copyright Law Law 58