Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. One might express concerns relating to the confluence between CC0 licenses and NFTs, as NFTs are intended to foster digital scarcity and ownership.

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Non-Fungible Tokens IP Ownership Contracts 98

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…). This provision, which has been retained with minor changes, covers only analogue uses and applies only to the reproduction right.

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Licensing Publishing Related Rights Law 98

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3

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Copyright Publishing Journalism Art 130

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. These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Non-fungible tokens (“NFTs”) continue to be popular. electronic data deletion.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

FEBRUARY 9, 2022

Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 12 DSM Directive). 12 DSM Directive).

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Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

JULY 11, 2024

The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. While it is art. While it is art. Pursuant to art. The offers made and accepted in France are rather inconsistent.

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Publishing Art Journalism Copyright 81

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.

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Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right. A more problematic gold-plating transposition is the provision of Art.

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Moral Rights Publishing Licensing Copyright 105

Kluwer Copyright Blog

MARCH 8, 2023

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 ). Among other modifications, special attention should be given to the enactment of the new Art. 51B, which transposes the much-debated Art.

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Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

OCTOBER 7, 2021

AG Saugmandsgaard Øe suggests that Art. 17 is in principle compatible with the freedom of expression and information guaranteed in Art. 11 of the Charter of Fundamental Rights of the European Union. A more extensive analysis of the Opinion, together with the Commission’s Guidance on Art.

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Copyright Law Copyright Law Television 64

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. 43bis (9)).

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Publishing Law Contracts Licensing 59

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). The new related right for press publishers (Sections 87 et seqq. d) Caricature, parody and pastiche.

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Copyright Related Rights Copyright Law Publishing 52

The IPKat

DECEMBER 15, 2023

In June , the Cabinet Secretary for Youth Affairs, Sports, and the Arts in Kenya approved the new consolidated Music Tariffs covering January 1, 2023, to December 31, 2024. 102, outline the criteria for Collective Management Organizations to determine license fees for music usage.

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IP Intellectual Property Copyright Music 65

Kluwer Copyright Blog

MARCH 21, 2023

‘Laziness by Ramón Casas, provided by the Museu Nacional d’Art de Catalunya, available here’ In August 2020, a review of the Orphan Works Directive (2012/28/EU), or OWD, was initiated by the European Commission.

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Copyright Marketing Marketing Licensing 105

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. 43bis (9)).

Publishing 52

Publishing Law Contracts Licensing 52

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Garrigues Blog

JUNE 26, 2024

In order to ensure high standards of compliance throughout the value chain of high-risk systems, the AIR requires these suppliers to provide all the information, capabilities, technical access, and the necessary assistance – taking into account the state of the art – so that the provider can fulfill their obligations in accordance with the AIR.

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Intellectual Property Confidentiality Content Creation Designs 59

Kashishipr

AUGUST 31, 2022

When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs). Copyright License. Being a copyright owner or holder, you have the exclusive right to require a license for your creative work’s use. Final Thoughts.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

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. 3 provides that Member States shall provide for an exception or limitation for text and data mining for the purposes of scientific research, and Art. 4(1) and 4(3). 4(1) and 4(3).

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IP Copyright Art Related Rights 52

azrights

AUGUST 11, 2022

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. Since the 1970s computers have been producing crude works of art.

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Copyright Due Diligence Designs Design 97

Kluwer Copyright Blog

FEBRUARY 4, 2025

Such competitors on the upstream license market could also be authors or rightholders. It should also be considered that Article 53(1)(d) is closely interlinked with the other copyright obligation of the AI Act, i.e. Art. But this should not mean that the copyright provisions in Art.

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Copyright Marketing Marketing Copyright Law 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

Second, Art. This being said, also in this second scenario as in the first, third parties willing to use and/or reproduce artworks located in a cultural institution will still need to get in touch with the respective care-taker entity, so as to verify whether any license agreement is in place. Final remarks.

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Artwork Public Domain Art Copyright 59

Kluwer Copyright Blog

AUGUST 18, 2021

This was to be done by imposing as few conditions as possible, using standardized licenses wherever possible, making information technically open (open formats, electronic delivery, etc.) So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data. 1(6) Open data directive).

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Government Database Right Intellectual Property Copyright 59

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

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IP Intellectual Property Invention Copyright 40

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. Diversity and Inclusion Today, Would you like some IP with your Wine?,

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Intellectual Property IP Registration Copyright 119

The IPKat

MARCH 7, 2025

The request, originating from the Belgian Supreme Administrative Court [see The IPKat here on the national proceedings], focused on Arts. The Supreme Administrative Court sent a request to the CJEU to clarify whether: (1) such unilateral assignment of performers rights by ways of a statutory act would be contrary to Arts.

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Law Art Contracts Government 118

The IPKat

NOVEMBER 10, 2024

The referral, which originates from the Belgium's Supreme Administrative Court [see The IPKat here on the national proceedings], concerns the interpretation of Arts. This is because provisions of the Belgian Code of Economic Law, which are invoked in the national proceedings, transpose into Belgian law, in respect of performers, Arts.

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Law Contracts Art Government 110

The IPKat

JANUARY 27, 2025

32(1) of the German Copyright Act , it being the implementation of Art. 11(4) [use of CMO revenues] and 12(4) [deductions for social, cultural and educational services] Directive 2014/26/EU, as well as Art. 5(2)(b) [private copying exception] Directive 2021/29/EC and Art. 32(1) is not limited to beneficiaries only.

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Copying Publishing Art Copyright 69