Article, Intellectual Property Law and Related Rights

Potential Impact on Major Pirate Sites as Vietnam ISPs Face New Responsibilities

TorrentFreak

MAY 12, 2023

After spending more than 16 years implementing intellectual property laws introduced in 2005, amendments to intellectual property law in Vietnam came into effect on January 1, 2023. Issued by the government in late April, Decree No.

Intellectual Property Law

Intellectual Property Law Intellectual Property Copyright Infringement Copyright

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectual property law will be applicable to NFTs. Certain types of intellectual property rights must be considered in relation to the NFTs: 1.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

On 6 October 2021, the CJEU issued its judgment in Top System , where central questions revolved around computer program decompilation as per Article 5(1) of Directive 91/250/EEC. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) CJEU judgments. Top System SA, C-13/20.

Copyright Law

Copyright Law Law Copyright Reporting

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

NOVEMBER 10, 2021

A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs.

Licensing

Licensing Invention Intellectual Property Marketing

Role Of Intellectual Property Rights In The Era Of Quantum Technology

IIPRD

NOVEMBER 23, 2022

For instance, which current governing law would apply to quantum governing technology? What kinds of IP related rights would apply to quantum computing technology? QUANTUM COMPUTING AND THE FUNCTION OF INTELLECTUAL PROPERTY LAWS. INTERSECTION OF INTELLECTUAL PROPERTY LAW WITH FAIR COMPETITION PROMOTING LAWS.

Intellectual Property

Intellectual Property Technology Intellectual Property Law Government

Introducing the Trade Secret Case Management Judicial Guide

Patently-O

FEBRUARY 17, 2023

Peter Toren is an experienced criminal trade secret litigator who served for many years in the as a federal prosecutor with the Computer Crime and Intellectual Property Section of the Criminal Division of the United States Department of Justice where he served as Acting Deputy Chief.

Litigation

Litigation Intellectual Property Business Government

Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

Velocity of Content

JANUARY 7, 2025

The following is an excerpt from the article The Heart of the Matter: Copyright, AI Training, and LLMs, authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. 1 Where does the law come down on the creation of LLMs, both in the input and output of existing copyrighted materials?

Copyright

Copyright Licensing Fair Use Journalism

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. Reporting on current events (Section 50 UrhG) and right of quotation (Section 51 UrhG).

Related Rights

Related Rights Law Copyright Copying

Sunday Surprises

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790). In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts

Contracts Copyright Law Cease and Desist

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property

Intellectual Property Intellectual Property Law Related Rights Registration

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.

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. Consider the case of France, the first Member State to implement Article 15. In Spain, the implementation of the right was analogously broad.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. Photo by Soragrit Wongsa on Unsplash. Simple photographs. .

Copyright

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

NOVEMBER 11, 2021

The obvious mandate of this article is that, when OCSSPs meet those conditions, they are not liable for the unauthorised acts of communication to the public. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Jan Bernd Nordemann, Christian Czychowski. €

Art

Art Law Intellectual Property Intellectual Property Law

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Kluwer Copyright Blog

APRIL 22, 2022

A recent report in the context of the reCreating Europe project addresses this question, building on previous work from some of its authors, namely a study on “Trends and Developments in Artificial Intelligence: Challenges to IP” (summarised in a previous post ) and this article. More from our authors: Law of Raw Data.

Music

Music Copyright Derivative Work Ownership

The European Audiovisual Observatory publishes the Mapping report on national remedies against online piracy of sports content

Kluwer Copyright Blog

DECEMBER 28, 2021

Regarding the entitlement to the rights, the recording and broadcast of a sports event are protected by related rights, which are respectively granted to producers of audiovisual works for the first fixation of the film and to broadcasting organisations for the transmission of broadcast signals for public reception.

Reporting

Reporting Publishing Intellectual Property Intellectual Property Law

Broadcasters’ Cable Retransmission Rights: in line (or not) with the EU right of communication to the public?

Kluwer Copyright Blog

APRIL 12, 2022

The latter does not directly provide for the mandatory establishment of an exclusive right of cable retransmission for the benefit of broadcasting organisations. However, Member States can provide for such a right in their legislations. Rights of authors and related rights: united or separated? 403/08 and C?429/08,

Television

Television Art Related Rights Copyright Law

Sunday Surprises

The IPKat

JUNE 26, 2022

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. The event will take place from 31 October to 1 November 2022 at the Faculty of Law of the University of Cyprus, in Nicosia, and will be offered in a blended format.

Intellectual Property

Intellectual Property IP Registration Copyright

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing

Publishing Marketing Marketing Advertising

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights

Moral Rights Law Copyright Copyright Law

Kluwer Copyright Blog

APRIL 5, 2022

Among many other things, the proposal seeks to clarify the application of the Database Directive , namely the “accidental or unintended application of the sui generis right to databases containing machine-generated data”. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

Copyright Law

Copyright Law Copyright Law Music

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. de Gregorio & Pollicino 2021 ; de Gregorio 2020 ).

Copyright

Copyright Intellectual Property Copyright Law Law

Intellectual Property Pulse

Potential Impact on Major Pirate Sites as Vietnam ISPs Face New Responsibilities

Protection of Nonfungible Tokens in Indonesia

Trending Sources

EU copyright law round up – fourth trimester of 2021

Understanding Compulsory Licensing and Access to Essentials

Role Of Intellectual Property Rights In The Era Of Quantum Technology

Introducing the Trade Secret Case Management Judicial Guide

Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Sunday Surprises

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

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

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

The European Audiovisual Observatory publishes the Mapping report on national remedies against online piracy of sports content

Broadcasters’ Cable Retransmission Rights: in line (or not) with the EU right of communication to the public?

Sunday Surprises

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

EU copyright law round up – first trimester of 2022

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

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