Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. In a report published on 13 October, the European Parliament emphasized the essential role of cultural and creative sectors and industries (CCSI).

Copyright Law 110

Copyright Law Copyright Law Reporting 110

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

Publishing 97

Publishing Music Copyright Law Marketing 97

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Copyright Law and DRM.

Copying 115

Copying Social Media Licensing Technology 115

TorrentFreak

FEBRUARY 18, 2023

Sales Could’ve Been Better Despite becoming a number one best-seller in multiple countries, not every country has access to ‘Spare’ In common with many Western entertainment companies, publisher Penguin Random House pulled out of Russia following its invasion of Ukraine last year. ” the letter reads. Plagiarism?

Publishing 78

Publishing Cinema Copying Artistic Work 78

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. European Union and Australian Approach for Press Publishers’ Interest.

Publishing 89

Publishing Marketing Marketing Advertising 89

Plagiarism Today

JANUARY 19, 2022

1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest. The rule, entitled copyright exhaustion, places limits on the import of international editions of books. According to authors, this enables authors and publishers to sell books at different prices for different countries.

Copyright 213

Copyright Copyright Law Publishing Copyright Infringement 213

TorrentFreak

JANUARY 4, 2022

Despite a reported development and marketing budget in excess of $100m, Genshin Impact is free to play but is monetized via gacha game mechanics. This is the type of behavior that has attracted copyright infringement lawsuits in the past but in this case, the makers of Genshin XYZ are using copyright law to prevent piracy of their product.

Copying 141

Copying Copyright Infringement Intellectual Property Copyright 141

SpicyIP

JUNE 26, 2024

Data published by the World Blind Union in 2014 indicated that less than 10% of published material was available in accessible format for persons with visual impairment, and most such material was only available in English, thereby leading to a ‘book famine’.

Copyright 74

Copyright Copying Publishing Cinema 74

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. European Commission, Study on copyright and new technologies – copyright data management and artificial intelligence. Austro-Mechana, C-433/20.

Copyright Law 57

Copyright Law Copyright Law Music 57

TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

Copyright 114

Copyright Fair Use Copying Publishing 114

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

Copyright 117

Copyright Fair Use Publishing Marketing 117

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Photo by Markus Spiske on Unsplash.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. You can read the previous round-ups here.

Copyright Law 57

Copyright Law Law Copyright Publishing 57

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. In this fragmented landscape, self-regulation (e.g.,

Publishing 98

Publishing Art Licensing Copying 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

Fair Use 134

Fair Use Copyright Moral Rights Copyright Law 134

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 57

Copyright Law Copyright Law Music 57

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. The Safarov case In 2009, Safarov authors a book. The Azerbaijani Supreme Court upholds this decision in 2011.

Copyright 88

Copyright Copying Copyright Law Marketing 88

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

TorrentFreak

JANUARY 10, 2023

An interesting feature of copyright law is its tendency to lag behind the times while new technology races ahead and exploits its numerous ‘loopholes’ One of the most famous loopholes was ‘exposed’ when streaming overtook BitTorrent to become the delivery method of choice for millions of video-oriented pirates.

Copyright Law 120

Copyright Law Settlement Copying Copyright 120

TorrentFreak

JUNE 24, 2024

Two Targets, Two Lawsuits The RIAA announced not one, but two copyright infringement lawsuits on Monday, filed against two of the most impressive services in the generative AI music market. Udio owner Unchartered Labs was sued in the US District Court for the Southern District of New York, while Suno, Inc.

Music 90

Music Copyright Fair Use Copying 90

Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property.

Licensing 98

Licensing Copyright Publishing Journalism 98

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands.

Marketing 81

Marketing Marketing Branding Brands 81

Plagiarism Today

FEBRUARY 10, 2022

Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him. In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. This eagerly awaited AG Opinion was published on 15 July 2021. The copyright in these two titles expired at the beginning of 2021. Stay tuned!

Copyright Law 57

Copyright Law Copyright Law Television 57

Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

Copyright 114

Copyright Copyright Law Business Intellectual Property 114

Copyright Lately

APRIL 3, 2023

book publishers, rejecting the Internet Archive’s argument that its practice of scanning and lending digital copies of books qualifies as fair use under the Copyright Act. When the electronic version is “checked out,” the physical copy is taken out of circulation. At least, that’s the theory.

Fair Use 72

Fair Use Copying Publishing Copyright 72

Kluwer Copyright Blog

NOVEMBER 17, 2022

In this blog post, originally published on the KR21 blog , KR21 policy committee member Felix Reda analyses the potential for copyright reform in Germany, where the government has included a promise to “promote a more research-friendly copyright” in its coalition agreement. A legal right to lend e-books is overdue.

Copyright 83

Copyright Publishing Government Copyright Law 83

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market.

Copyright 103

Copyright Trademark Law Publishing Copyright Infringement 103

Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. In April 2020 and February 2021 two substantial new contributions to this debate were published.

Copyright Law 111

Copyright Law Law Copyright Fair Use 111

Kluwer Copyright Blog

JULY 27, 2022

Source: European Copyright Society. Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Preservation of Cultural Heritage (Article 6). All ECS opinions are archived here: [link].

Copyright 98

Copyright Marketing Marketing Copyright Law 98

LexBlog IP

JULY 24, 2023

Silverman, Kadrey, and Golden allege that Meta and OpenAI used copies of the authors’ books without their permission by copying illegal online “shadow libraries” that contain the texts of thousands of books. One hurdle plaintiffs may struggle to overcome is the 2 nd Circuit Court’s decision in Authors Guild v.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. News publishers will face a double threat, insofar as basic news stories are often already written by AI.

Law 116

Law Licensing Publishing Intellectual Property 116

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. In 1991, Wofsy, with permission from Picasso’s estate , published De Fontrbrune’s images in “The Picasso Project”.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. The copyright lawyer might well respond with a glazed look. But of course. But this is not the case for works of art.

Art 133

Art Artwork Copying Moral Rights 133