The IPKat

FEBRUARY 17, 2025

Equally, a significant portion of online material is also likely to contain personal data, and there is likely to be a significant overlap in relation to specific pieces of content which are protected by both copyright law and by data protection law.

Law 111

Law Copyright Licensing Copyright Law 111

Kluwer Copyright Blog

MAY 11, 2023

In the absence of such reservation, consistent with the Directive’s text, Section 53B provides that the right-holders shall enable lawful users of their copyright works to engage in activities of text and data mining to the extent justified by this specific purpose.

Copying 105

Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

JUNE 21, 2022

Likewise, limited copyright exceptions don’t accommodate for this broadly construed ‘use’ of a work. Resultingly, this UGC, from the perspective of black-letter copyright law, gives a rather reductive presumption of infringement, rather than enablement of this new form of cultural creativity.

Contracts 93

Contracts Copyright All Rights Reserved Publishing 93

Kluwer Copyright Blog

JUNE 16, 2021

Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014. US copyright law does not protect remasters, as they lack originality. Absent either of these, they will likely be unable to invoke any copyright over their derivative works under US copyright law.

Music 98

Music Copyright Law Copyright Law 98

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 80

Copyright Law Law Copyright Copying 80

Kluwer Copyright Blog

FEBRUARY 8, 2024

The term encompasses a variety of special regimes empowering (or obliging) authors to retain some of the usage rights over their publicly funded works vis-à-vis scientific publishers in order to facilitate open access to scientific literature. The provision also did not provide for an embargo period.

Publishing 132

Publishing Contracts Art Copyright 132

The IPKat

OCTOBER 28, 2024

Events Liability for AI-generated outputs under copyright law. The Law, Rationalism, and Complexity and the InfoSoc Working Groups of the European University Institute will host a lecture with our very own PermKat Eleonora Rosati (Stockholm University). More information is available here. 34th IPA Congress.

Intellectual Property 69

Intellectual Property Editing IP Publishing 69

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. The Chairs for each of the four WGs of the Plenary, including WG1 on transparency and copyright-related rules are listed here. 310 O 227/23 ).

Copyright Law 75

Copyright Law Copyright Law Blogging 75

Kluwer Copyright Blog

JUNE 2, 2024

Photo by Jonathan Kemper on Unsplash On 7 May 2024, Open AI published its approach to data and AI (ADAI). This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. In its second paragraph the statement makes strong allusions to copyright law – the term ‘copyright’ is used only once throughout the entire text.

Contracts 84

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. billion in 2022, growing 26.7% Stay tuned!

Copyright Law 78

Copyright Law Law Copyright Reporting 78

Kluwer Copyright Blog

DECEMBER 12, 2022

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA). [1] As a recent study demonstrates, commercial publishers currently derive more than two billion USD annually from APCs.

Copyright 130

Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

APRIL 2, 2025

Many creative markets operate on an exclusive licensing model book and music publishing contracts typically involve exclusive licenses of rights for the duration of copyright, which is 50 years after the authors death and will soon be twenty years more following NZs free trade agreements with the UK and EU.

Copyright 52

Copyright Moral Rights Artwork Licensing 52

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Under EU Law, the most significant developments were introduced by articles 3 and 4 CDSMD, and its national implementations. We selected the Scientific Publishing industry to better understand how the obligations under art.

Art 98

Art Publishing Licensing Copying 98

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.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Intepat

DECEMBER 5, 2024

For instance, virtual concerts in the metaverse, where avatars perform popular songs, may violate music copyright laws unless proper licensing agreements are in place. Jurisdictional conflicts arise, as copyright laws differ significantly across countries. Finally, fostering user awareness is key.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

TorrentFreak

JUNE 7, 2023

Lawsuits that seek to explore new ground are often complex, but the idea that YouTube’s restriction of access to Content ID effectively amounts to a breach of copyright law seems as much a stretch today as it did three years ago. Or at least what remains of it.

Contracts 143

Contracts Copyright Publishing Copyright Infringement 143

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. The post is published under a Creative Commons Attribution 4.0 Current EU copyright framework.

Copyright 111

Copyright Ownership Journalism Publishing 111

The IPKat

AUGUST 19, 2021

Earlier this year, The IPKat reported on the judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) in VG Bild-Kunst , C-392/19 , an important case concerning contractual restrictions to linking under EU copyright law (on that occasion, I also updated my linking table: see here ).

Copyright 95

Copyright Copyright Law Publishing Contracts 95

SpicyIP

MARCH 28, 2022

News and Views: Copyright Hues and Authors’ Dues. Tensions between news publishers and digital platforms providing search and news aggregation services have been growing globally for years. For instance, the EU has adopted a neighbouring right for press publishers under copyright regulations. Aparajita Lath.

Copyright 105

Copyright Publishing Music Contracts 105

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. More from our authors: Law of Raw Data.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Michael Geist

DECEMBER 3, 2024

This comes directly from scientists at ChatGPT, who published on the issue in 2020. Finally, the companies also point to their terms of use, which restrict certain activities, but this may only involve a breach of contract and not necessarily copyright infringement. Instead, Common Crawl, a non-profit started in 2007, did.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

IP Law 360

JANUARY 6, 2022

The publisher of Call of Duty is suing two German companies for allegedly violating copyright law and interfering with contracts it has with players by selling cheats and hacks enabling players to manipulate the popular COD games.

Contracts 75

Contracts Copyright Law Publishing Copyright 75

IPilogue

JUNE 14, 2022

At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 119

Music Contracts Licensing Ownership 119

TorrentFreak

JULY 8, 2024

The site’s operators took more than a year to scrape several terabytes of data and published roughly 700 million unique records online, for free. This ‘metadata’ heist was a massive breakthrough in the site’s quest to archive as much published content as possible.

Publishing 142

Publishing Privacy Contracts Copyright Law 142

SpicyIP

SEPTEMBER 12, 2024

We are pleased to bring to you this book review of David Llewelyn, Gladys Tan, Estelle Moh Huixuan and Ng Hui Ming’s ‘Modern Law of Copyright in Singapore’, (SAL Academy Publishing, 2023) by Prashant Reddy T. Image from here Book Review: Modern Law of Copyright in Singapore By Prashant Reddy T.

Copyright 81

Copyright Law Copyright Law Intellectual Property 81

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). As the title suggests, this book consists of a detailed analysis and explanation of instances where it is possible to imply a copyright licence in response to or as a defence to an allegation of copyright infringement.

Copyright Law 52

Copyright Law Copyright Law Contracts 52

IPilogue

APRIL 5, 2022

The Society of Composers, Authors and Music Publishers of Canada (“SOCAN”), protects the performing and reproduction rights of more than 160,000 songwriters, music publishers, composers and visual artists. As one example, think of the background music you enjoy at your favourite restaurant.

Music 119

Music Copyright IP Contracts 119

The IPKat

AUGUST 24, 2021

Examples of the latter are the articles on authors’ and performers’ contracts (Articles 18 to 23). Yet, where draft or adopted transposition laws have been issued, also in respect of those, Member States have been moving in different directions.

Publishing 133

Publishing Copyright Related Rights Law 133

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Copyright Lately

NOVEMBER 21, 2021

While the Copyright Act gives the copyright owner the exclusive right to reproduce and distribute a digital file containing a copyrighted work, there’s no such thing as the “exclusive right to mint an NFT” as far as copyright law is concerned. This is, after all, supposed to be a copyright case.

Copying 129

Copying Non-Fungible Tokens Contracts Copyright 129

IP and Legal Filings

APRIL 1, 2024

This is quite the picture of how the Indian copyright laws are treating the employees who try to become such exceptional creators. This means that if an employee makes any copyright then the owner would have the title of that intellectual property unless there is an agreement stating otherwise. Unlike the U.S.A.,

Ownership 98

Ownership Copyright Intellectual Property Contracts 98

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

Contracts 52

Contracts Art Copyright Law Copyright 52

Kluwer Copyright Blog

DECEMBER 6, 2023

Book publishers followed closely the adoption of this legislation as the vast majority of its provisions concern them directly, from new copyright exceptions to contractual rules between authors and their partners.

Copyright 122

Copyright Publishing Marketing Marketing 122

The IPKat

JUNE 29, 2022

The UK government has published its response to its consultation on Intellectual Property and Artificial Intelligence. Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI.

Government 136

Government Copyright IP Invention 136

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. As the ToR mentions, the UKIPO intends to publish “some materials relating to the working group”.

Copyright Law 64

Copyright Law Copyright Law Music 64