Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

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Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

OCTOBER 1, 2024

Photo by Markus Spiske on Unsplash Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. It has been generally a quiet trimester during the summer with things heating up in September with two new preliminary references. Stay tuned!

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Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. OpenAI’s vision for a fair AI ecosystem The ADAI mentions copyright only in passing, but it is fairly obvious that the desire to ‘deal’ with pending copyright infringement claims (largely in the US) lies at the core of this ambitious statement.

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Contracts Copyright Publishing Business 84

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. All in all, 2024 promises to be an exciting year for EU copyright law. Stay tuned!

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Copyright Law Law Copyright Reporting 78

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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Blogging Contracts Cease and Desist Social Media 123

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

DECEMBER 17, 2024

In the complicated landscape of genAI and copyright law, several different themes have emerged as particularly thorny and triggering the interests of different stakeholders. The Institute is actively exploring the impact of genAI on copyright law via a dedicated series of events, roundtables, lectures and publications.

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Kluwer Copyright Blog

NOVEMBER 5, 2024

The choice not to define computer programs was intended precisely to futureproof the law. US copyright law defines it as “ a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.” At the EU level, there is no definition of a computer program.

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Copyright Designs Design Copyright Law 72

SpicyIP

SEPTEMBER 12, 2024

Image from here Book Review: Modern Law of Copyright in Singapore By Prashant Reddy T. Earlier this year, the Singapore Academy of Law published a treatise on Singapore’s new copyright law enacted in 2021. Llewelyn resides in Singapore and is a Professor at the School of Law, Singapore Management University (SMU).

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Copyright Law Copyright Law Intellectual Property 81

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

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Non-Fungible Tokens IP Ownership Contracts 98

Velocity of Content

DECEMBER 4, 2024

The Copyright Act provides an exclusive right “to prepare derivative works based upon the copyrighted work” and defines “derivative work” in part as any work “ based upon one or more preexisting works.” This has been a long-standing question in copyright law. ↩︎ Paul Goldstein, Goldstein On Copyright § 7.3 (3d

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Derivative Work Copyright Moral Rights Copyright Law 52

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

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Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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Artwork Contracts Ownership IP 98

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

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Copyright Law Law Copyright Television 52

TorrentFreak

FEBRUARY 17, 2023

The general consensus is that copyright law favors the publishers, but in a recent motion to dismiss, Elbakyan had other things on her mind too. “ Section 25 of the Contract Act is relied upon to contend an agreement without consideration is void.”

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Publishing Ownership Copyright Copying 142

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. The NFT is a smart contract coded with the NFT. the Bored Ape or CryptoPunk). The digital asset.

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Non-Fungible Tokens Licensing Ownership Copying 97

Kluwer Copyright Blog

SEPTEMBER 30, 2024

The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the validity of a number of provisions of the Law of 19 June 2022 , which transposed the 2019 Copyright in the Digital Single Market Directive (CDSMD) in Belgium.

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The IPKat

JUNE 16, 2024

He thus sued the Perrotin Galerie and Turenne Editions, which represent Cattelan, and Monnaie de Paris, which exhibited the works between 2016 and 2017, to obtain a judicial declaration of authorship of the sculptures. The same approach is found in national law.

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Art Copyright Copyright Law Law 139

IPilogue

JULY 9, 2021

Many contracts assigning IP have detailed provisions dealing with the incidents of the assignment. Other contracts are brief, but all are written against the background of default rules such as those on estoppel. v Adkins 395 US 693 (1969), would carry over to patent assignments. . Meanwhile, any comments from readers are welcome.

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The IPKat

JUNE 21, 2024

As explained by the organizers, the programme will attempt to answer the following questions: How have the Nordic countries implemented the DSM Directive, including its Chapter 3 on contracts? Can material created using AI be protected by copyright? When is text and data mining for AI development legally permitted under copyright law?

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Intellectual Property Editing IP Copyright 72

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

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Copyright Copyright Law Technology Fair Use 98

LexBlog IP

MAY 4, 2022

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate. or idaroussou@metaxopouloslaw.gr ).

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Contracts Music Related Rights Television 52

The IPKat

DECEMBER 23, 2023

Copyright and Designs Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023. The overview covers the case law, legislative reforms, and public debates about current issues in copyright law.

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Intellectual Property IP Copyright Law Invention 69

The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. Click here and here to know more. Click here to know more.

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Intellectual Property Intellectual Property Law Contracts IP 69

The IPKat

OCTOBER 31, 2021

Materials need to be reproduced into accessible formats, such as braille, large print and audio editions which require exceptions to be added into current copyright rules. This has been done by creating ‘a set of limitations and exceptions to traditional copyright law’.

Publishing 78

Publishing Government Copyright Law Copyright 78

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. HathiTrust, 755 F.3d

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Copyright Social Media Publishing Licensing 126

Traverse Legal Blog

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. This article explores the intricate world of AI and copyright, providing insights and guidance for those at the forefront of digital content creation. Understanding the U.S.

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Copyright Content Creation Graphic Design Copyright Law 52

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. No amendment offered in public session.

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Public Domain Contracts Copyright Licensing 69

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? What about editing some NBA Top Shots moments to create a fantasy matchup between Michael Jordan and Steph Curry? NFT enthusiasts envision a fictional world of fan-owned creative properties and character crossovers. Definitely. The warning signs were all there.

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Derivative Work Licensing Artwork Contracts 91

IPilogue

OCTOBER 4, 2024

His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship.

Copying 75

Copying Ownership Graphic Design Copyright 75

LexBlog IP

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. This article explores the intricate world of AI and copyright, providing insights and guidance for those at the forefront of digital content creation. Understanding the U.S.

Content Creation 52

Content Creation Copyright Graphic Design Ownership 52

Kluwer Copyright Blog

MARCH 16, 2022

The existing TDM exceptions under UK copyright law. For the exception to kick in the person must have “lawful access” to the work and any copy must be accompanied by “sufficient acknowledgement”. However, the exception is imperative, in the sense that rightholders cannot contract out of it. by Christopher Heath. €

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Licensing IP Intellectual Property Intellectual Property Law 98

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

LexBlog IP

FEBRUARY 16, 2024

Thus, companies have a clear interest in ensuring that the freelancers they occasionally contract with are deemed independent contractors, not employees. Companies also benefit under federal copyright law if the celebrity or influencer can be classified as an independent contractor. Edited by Coby Turner and Cathy Feldman

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Social Media Intellectual Property Contracts Brands 52

Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law). 17 of the CDSM Directive (implemented in Italy through Art.

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Music Art Licensing Copyright 98

Barry Sookman

NOVEMBER 27, 2022

no implied term of non infringement in design contract, what about an implied condition of title? Orders In Council – implementing term extension to Copyright Act now in force. McCarthy Tétrault’s expertise recognized in Lexpert’s Litigation Special Edition and Top 10 Business Decisions | M… [link] 2022-11-23.

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Editing Contracts Litigation Designs 44

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

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Law Copyright Copyright Law Contracts 52