TorrentFreak

JUNE 27, 2022

. “After all, such technological measures currently exist and […] are capable of detecting repeatedly unauthorized storage and access to files containing works or objects of copyright-related rights,” the judges write. “The search for this term was censored by a decision of the court.”

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Copyright Related Rights Music Business 145

TorrentFreak

AUGUST 13, 2024

“It is clear from all these elements that the Uptobox service was used predominantly to illegally make content available to the public, violating copyright and related rights, and that the operator knew or should have known this,” the court concluded.

Reporting 124

Reporting Copyright Related Rights Copyright Infringement 124

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.

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Music Copyright Related Rights Ownership 59

Kluwer Copyright Blog

FEBRUARY 19, 2025

Some do seek to find a balance between the interests of rightsholders and users (for example Belgium, where there are equal numbers (eight) of each, with users including non-copyright business organisations, internet service providers, the public broadcaster and a heritage institution).

Copyright 59

Copyright Copyright Law Blogging 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. .

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Copyright Related Rights Artistic Work Public Domain 59

TorrentFreak

MARCH 22, 2024

The Paris court noted that the site “encouraged the infringement of copyright and related rights by setting up tools specifically designed for the mass and illicit sharing of protected content.” DoodStream continued, business as usual, until now. Entertainment Inc., Disney Enterprises, Inc.,

Reporting 126

Reporting Intellectual Property Designs Design 126

The IPKat

SEPTEMBER 26, 2024

15 of DSM Directive introduced a related right for press publishers to control the online uses of their press publications by information society service providers (ISSPs). 216/1 and XI.216/2) 216/2) Art.

Publishing 128

Publishing Art Licensing Confidentiality 128

Kluwer Copyright Blog

JANUARY 4, 2022

While the COVID-19 pandemic has affected the revenues of European football clubs (see 30th Annual Review of Football Finance from Deloitte’s Sports Business Group), audiovisual rights still have a crucial role in securing the financing of sports events in the European Union.

Copyright Law 130

Copyright Law Copyright Law Intellectual Property 130

Patently-O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

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Litigation Intellectual Property Business Government 105

Kluwer Copyright Blog

JANUARY 23, 2024

Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it. The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).

Copyright Infringement 127

Copyright Infringement Copyright Law Journalism 127

Kluwer Copyright Blog

APRIL 5, 2022

The end of a calendar year is always busy. In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State. End of 2021.

Copyright Law 64

Copyright Law Copyright Law Music 64

The IPKat

AUGUST 1, 2021

The first case ( 4 Ob 40/21t – in German) relates to the operation of an online video recording device. The defendant was offering an internet protocol television (“IPTV”) service to business clients (e.g., network operators, hotels and stadiums). 2(a) and (e) and Art. 3(1) of the InfoSoc Directive, in connection with Art.

Television 145

Television Art Advertising Advertising 145

The IPKat

MAY 31, 2022

In 2021, the European Intellectual Property Office (EUIPO) launched the IP Register in Blockchain, laying the foundation for a distributed platform that will enable services that benefit from a secure, fast and direct connection between IP offices and rights holders.

Blogging 77

Blogging Non-Fungible Tokens IP Reporting 77

IPilogue

AUGUST 18, 2021

The European Union (EU) Court of Justice Advocate General, Saugmandsgaard ØE, recently published the long-awaited opinion on the action brought by the Republic of Poland against the contentious Article 17 of the Directive on Copyright and Related Rights in Digital Single Market.

Copyright 81

Copyright Related Rights Copyright Infringement Marketing 81

Kluwer Copyright Blog

JANUARY 9, 2023

Last year was another busy one in the copyright world, with ongoing European copyright reform, a number of landmark CJEU decisions and notable developments in a number of jurisdictions. Here is a quick look back at our 10 most-read posts last year: 1.

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Copyright Blogging Fair Use Reporting 95

IP and Legal Filings

NOVEMBER 30, 2022

Trade in goods and services, investments, intellectual property, dispute resolution, e-commerce, small and medium-sized businesses, and economic cooperation are the main topics of discussion during the negotiations. The RCEP offers a chance to expand agricultural exports in terms of production, processing, and exports.

Intellectual Property 95

Intellectual Property Marketing Marketing IP 95

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Image by Mediamodifier from Pixabay. The post is published under a Creative Commons Attribution 4.0

Copyright 111

Copyright Ownership Journalism Publishing 111

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

Copying 105

Copying Copyright Law Copyright Social Media 105

The IPKat

DECEMBER 10, 2023

Alessandro Cerri reported the news that the digital music service Spotify will fully cease its operations in Uruguay by February due to the domestic approval of the 2023 Rendición de Cuentas Bill and the consequent claimed unsuitability for the business to be available in the country.

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Registration Copyright Law Copyright Intellectual Property 68

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. Imagen de Gordon Johnson en Pixabay.

Music 72

Music Copyright Derivative Work Ownership 72

Kluwer Copyright Blog

JUNE 13, 2024

These overall aims also include the protection of copyright and related rights. Tschider € 195 Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93 16 DSA) and the mandatory risk management of very large online platforms and search engines (Arts.

Copyright 83

Copyright Art Copyright Law Copyright Infringement 83

The IPKat

JANUARY 30, 2022

DATABASE RIGHTS GuestKat Jan Jacobi reported on a recent case of the Dutch (District) Court of Midden-Nederland, concerning whether database rights can be invoked to prevent third parties from reusing and offering data from the National Business Register.

Moral Rights 77

Moral Rights Database Right Designs Design 77

LexBlog IP

NOVEMBER 8, 2023

Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops).

Music 52

Music Related Rights Law Contracts 52

Kluwer Copyright Blog

OCTOBER 23, 2024

Study on EU copyright and related rights and access to and reuse of scientific publications, including open access ;Knowledge Rights 21, A Position Statement from Knowledge Rights 21 on Secondary Publishing Rights (2022).

Publishing 81

Publishing Journalism Copyright Editing 81

The IPKat

SEPTEMBER 4, 2024

It touches upon many aspects like inclusivity from the perspective of communities, minorities, and individuals as well as the relationship between inclusivity and IP rights as seen from micro, SMEs, and big business. Artificial Intelligence Antonios Baris discussed the decision in Arijit Singh v.

Personality Rights 58

Personality Rights IP Copyright Art 58

The IPKat

DECEMBER 15, 2023

A Regulatory sandbox is a controlled environment in which businesses, particularly Fintech start-ups, can test novel products, services or business models without being exposed to the full range of regulatory regulations). In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament.

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IP Intellectual Property Copyright Music 64

Kluwer Copyright Blog

MAY 1, 2024

The ECS advocates a nuanced approach to the international application of EU copyrights and related rights, where due consideration is taken to the regulation of international conventions as part of the EU legal order. In conclusion, Kwantum reflects the uncertainty stemming from RAAP.

Copyright 72

Copyright Art Designs Design 72

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts 59

Contracts Intellectual Property Music Cinema 59

Kluwer Copyright Blog

NOVEMBER 29, 2022

Similarly, in recent years gold-plating has acquired a bad reputation as imposing unnecessary costs on business and public authorities. That said, gold-plating is not always incompatible with EU law and commentators have questioned the usefulness of this business-centric concept in discussions on policy-making and academic analyses.

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

AUGUST 18, 2021

Where third parties such as publishers or data services hold copyright or sui generis rights (or related rights) the public sector body would then of course have to ensure it has proper authorization from the right holder. A major issue on the Commission’s agenda is Business to Business (B2B) sharing of data.

Government 59

Government Database Right Intellectual Property Copyright 59

Kluwer Copyright Blog

JULY 11, 2024

The appropriate share should be determined in a company agreement or other collective agreement, and if the parties do not reach a consensus within 6 months from start of negotiations, the case can be referred to the Copyright and Related Rights Commission (CDADV). The offers made and accepted in France are rather inconsistent.

Publishing 81

Publishing Art Journalism Copyright 81

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The UKIPO is wondering whether this narrow approach is geared towards the effective operation of AI considering the numerous benefits of TDM in research, business intelligence and data analytics, among many others.

IP 75

IP Inventor Invention Intellectual Property 75

Kluwer Copyright Blog

DECEMBER 12, 2022

Evidently, Gold OA publishing has become a new, highly profitable business model in and of itself, 2 in addition to the subscription model which has remained partially intact. 10] Knowledge Rights 21 “A Position Statement from Knowledge Rights 21 on Secondary Publishing Rights” (2022): [link]. [11] 8] (a) Art.

Copyright 130

Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

SEPTEMBER 8, 2024

The possibility of linking such data with files containing information that reveals the title of protected works, in cases where the same person repeats an activity infringing copyright or related rights, must be subject to review by a court or an independent administrative body.

Privacy 45

Privacy Copyright IP Copyright Infringement 45

Kluwer Copyright Blog

NOVEMBER 23, 2023

More from our authors: Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93 ” While the first obligation is an evolved version of the language contained in the European Parliament’s report on the AI Act, the second obligation is new. .

Copyright 98

Copyright Fair Use Publishing Reporting 98

The IPKat

DECEMBER 17, 2021

Notably the applicant had a right to be notified of the pending removal and extinction of the related rights in the trademark.

Trademark 74

Trademark IP Registering Trademarks Branding 74

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. Endnotes (1) Decision No. 2916/2022. (2) 2) L 2121/93. (3) 5) See Supreme Court decision No. 438/2018. (6) 626/2014. (8) 193/2018.

Copying 52

Copying Copyright Law Copyright Editing 52