SpicyIP

FEBRUARY 10, 2024

Whether the government has taken any steps to address concerns raised by creative writers and artists in their lawsuits against AI-powered Large Language Models, especially regarding issues such as the source of training, systematic theft, violation of moral rights, threat to livelihoods, and royalty payment. Is It Though?

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

Kluwer Copyright Blog

FEBRUARY 19, 2025

Part one of this two-part blog introduces the issues and looks at the composition of formal copyright councils around Europe, where these exist. The first part of this blog looks to explore this point. Both permanent and temporary consultation structures more often than not fail to ensure that there is a channel open for this.

Copyright 59

Copyright Copyright Law Blogging Law 59

Kluwer Copyright Blog

DECEMBER 26, 2021

Stay tuned as a comment on the judgment is coming soon in the blog. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) A new UK bill focusing on various aspects related to musicians and other related right holders was published in November. CDSM Directive implementation.

Copyright Law 121

Copyright Law Law Copyright Reporting 121

Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

In furtherance of our previous blog which recognised the need for protection of the Intellectual Property (IP) involved in Traditional Cultural expressions (TCE), this article discusses the Legal and Institutional Initiatives that Nations or bodies may use to pave a way for their protection. Conventional IPR.

Derivative Work 97

Derivative Work Ownership IP Intellectual Property 97

Kluwer Copyright Blog

FEBRUARY 2, 2023

There will be debates over whether generative AI is, for the purposes of copyright, a tool used by a human author or is an autonomous creator of works (see previously on this blog e.g. here , here , here and here ). Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Registration Fair Use 145

The IPKat

OCTOBER 11, 2022

Indeed, following a warning letter sent last spring, the Uffizi museum is now taking legal action using, as a legal basis, the Italian Cultural Heritage Code (CHC). The answer is in the negative for two reasons.

Artwork 110

Artwork Public Domain Moral Rights Art 110

Barry Sookman

JUNE 27, 2021

RT @McCarthy_ca : McCarthy Tétrault’s multidisciplinary Cyber/Data experts are proud to announce our Cybersecurity Blog Series, helping you… 2021-06-22. link] 2021-06-22.

Intellectual Property 52

Intellectual Property Related Rights Blogging Copyright 52

Kluwer Copyright Blog

APRIL 5, 2022

post on the judgment is coming soon in the blog, so watch this space. Stay tuned as a comment on the AG Opinion is coming soon in the blog. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? The AG opinion was commented previously on this blog.A

Copyright Law 64

Copyright Law Copyright Law Music 64

Garrigues Blog

DECEMBER 14, 2021

There is a need for strong, clear and effective EU and national legal frameworks on copyright and related rights protection, but these frameworks should also avoid contributing to the digital environment becoming, as is feared, an over-regulated, censored place.

Copyright 52

Copyright Related Rights Ownership Law 52

Technology & Marketing Law Blog

JANUARY 3, 2023

Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers. ” The post 2H 2022 Quick Links, Part 3 (Copyrights and More) appeared first on Technology & Marketing Law Blog.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

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 59

Music Copyright Related Rights Ownership 59

Kluwer Copyright Blog

JANUARY 5, 2022

Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters.

Copyright Law 124

Copyright Law Copyright Law Graphic Design 124

Kluwer Copyright Blog

DECEMBER 18, 2022

To the readers of this blog who have been following (for example here or here ) the debates around the enactment and implementation of the DSM Directive – a directive that aims to be in sync with the ‘rapid technological developments’ – the above sentence might seem counterintuitive. Favouring the press publishers.

Moral Rights 105

Moral Rights Publishing Licensing Copyright 105

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. The first of this series of blog posts on copyright reform at WIPO analyzes the history of the discussions on L&Es. Image by Ag Ku via Pixabay.

Copyright 108

Copyright Intellectual Property Publishing Reporting 108

Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994.

Copying 59

Copying Law Related Rights Copyright Law 59

Kluwer Copyright Blog

DECEMBER 20, 2022

However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific related right under Section 72 of the UrhG. Simple photographs. .

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

SEPTEMBER 23, 2021

This provision was added later in the negotiations to address widespread criticism from civil society and academia. As a result these platforms need to prevent uploads containing Public Domain or openly licensed works from being blocked or removed as a result of copyright claims from (alleged) rightholders or face sanctions.

Public Domain 105

Public Domain Licensing Copyright Related Rights 105

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. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

DECEMBER 14, 2022

In this blog post, based on a recently published article , I assess this lesser-explored exception and call for its wider implementation and expansive interpretation by EU member states. . This could benefit participatory repair activities such as tool libraries and repair cafes across Europe.

Copyright 105

Copyright Cease and Desist Fair Use Publishing 105

Kluwer Copyright Blog

APRIL 22, 2022

This two-part blog post contains a summary of our report’s conclusions and recommendations. Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights.

Music 72

Music Copyright Derivative Work Ownership 72

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 Publishing Related Rights Law 98

Kluwer Copyright Blog

DECEMBER 1, 2022

As opposed to Article 15 CDSMD, Article 17 CDSMD does not introduce a new related right to EU copyright law. Instead, it expands the protections already afforded by copyright and related rights law. To the extent that such rights fall outside of the EU acquis such gold-plating is arguably unproblematic.

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

MARCH 15, 2023

In addition, the Commission has referred Bulgaria, Finland, Latvia, Poland and Portugal to the CJEU for failure to transpose another EU Directive on copyright and related rights applicable to certain online transmissions ( EU Directive 2019/789 ).

Copyright 72

Copyright Law Editing Related Rights 72

Kashishipr

NOVEMBER 10, 2021

Where it is known as compulsory licensing in reference to patents, it is known as statutory licenses in reference to copyright and related rights. The post Understanding Compulsory Licensing and Access to Essentials appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. For more visit: [link].

Licensing 105

Licensing Invention Intellectual Property Marketing 105

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art 105

Art Contracts Publishing Licensing 105

Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means.

Copyright 72

Copyright Art Designs Design 72

Kluwer Copyright Blog

JANUARY 4, 2022

At the same time, a global paradigm of online piracy enabling the retransmission of sports events on a worldwide basis has dynamically emerged.

Copyright Law 130

Copyright Law Copyright Law Intellectual Property 130

Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023.

Government 52

Government Copyright Related Rights Licensing 52

Kluwer Copyright Blog

MARCH 24, 2022

The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.

Intellectual Property Law 69

Intellectual Property Law Intellectual Property Editing Related Rights 69

Kluwer Copyright Blog

MAY 26, 2022

The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level.

Law 64

Law Intellectual Property Related Rights Art 64

Kluwer Copyright Blog

JANUARY 18, 2023

The new related right for press publishers (Sections 87 et seqq. A further addition has been the introduction of a new related right for press publishers in Sections 87 et seqq. As the related right for press publishers only contains economic elements, it is transferable in full, as per Section 87g(3) UrhG.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

DECEMBER 17, 2024

Jurisdiction According to the EU AI Act and its Recital 106 providers of general-purpose AI models should put in place a policy to comply with Union law on copyright and related rights.

Publishing 52

Publishing Reporting Branding Branding 52

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

The legal doctrines involved are closely related to copyrights and related rights systems. We shall be discussing the same in our upcoming blogs. Thus, it is differentiated from Traditional Cultural Expressions and naturally, the general principles of protection are likely to differ. Why is their protection important?

Intellectual Property 52

Intellectual Property Public Domain Music IP 52

Kluwer Copyright Blog

NOVEMBER 11, 2021

Let’s imagine that, in the near future, the Court of Justice of the European Union (CJEU) receives a request for a preliminary ruling referring the following question: “Must Article 17(4) of Directive 2019/790 on copyright and related rights in the Digital Single Market be interpreted as precluding a national law which allows copyright holders to bring (..)

Art 121

Art Law Intellectual Property Intellectual Property Law 121

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. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Olartemoure Blog

FEBRUARY 24, 2023

According to UNISON Rights, Spain has been experiencing problems in copyright approach and management, as a result of new technologies such as NFTs and AI , which have increased the number of works created in a short period of time.

Copyright 52

Copyright Intellectual Property Related Rights IP 52