Copying, Licensing and Related Rights - Intellectual Property Pulse

[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

JANUARY 24, 2023

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying

Copying Copyright Law Copyright Social Media

Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

Velocity of Content

JANUARY 7, 2025

The rapid change and uncertainty in the realm of AI and copyright raises the inevitable question of how to legally enable users to access high quality and compliant materials for use in AI systems, given the variability and attendant uncertainty about the scope of rights and exceptions and limitations.

Copyright

Copyright Licensing Fair Use Journalism

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government

Government Related Rights Copyright Law

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

The TDM Opt-Out in the EU – Five Problems, One Solution

Kluwer Copyright Blog

APRIL 21, 2025

Opt-out disadvantages small repertoire owners and niche content Of course, the equation is different when the opt-out leads to a licensing deal. The moment individual licensing agreements must be concluded, the issue of transaction costs enters the picture. However, very large numbers of human works are necessary for building GenAI.

Licensing

Licensing Artistic Work Marketing Marketing

[Guest post] Litigation commenced against the developers of AI image generation software

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

Litigation

Litigation Copying Copyright Designs

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Cost of rights management by CMOs. Law 4481/2017 also regulates the cost of rights management by CMOs, which must be reasonable. Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights.

Related Rights

Related Rights Law Licensing Copyright

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

AUGUST 1, 2021

The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. The defendant operated the platform based on license agreements with TV channel operators. The claimant is the owner of the copyright in several TV shows broadcast on the relevant TV channels.

Television

Television Art Advertising Advertising

How artificial intelligence works in relation to copyright

The IPKat

DECEMBER 2, 2022

The model does not contain any copies of works. Of course, this does not affect some restrictions on using someone's programs, but it is just a matter of choosing the proper license (e.g., In the interim, at least, related rights, trade secrets, or protection against unfair competition, might provide some helpful alternatives. [A

Copyright

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).

Copyright Law

Copyright Law Law Copyright Reporting

A summary look at the Portuguese transposition of the CDSM Directive

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

Art Contracts Publishing Licensing

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

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

Publishing Marketing Marketing Advertising

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.

Copyright

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right. These licensing schemes only cover professional journalists and photographers.

Moral Rights

Moral Rights Publishing Licensing Copyright

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. cross-border transfer of personal data. electronic data deletion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. The principle of appropriate and proportionate remuneration of articles 18 and 20 of the CDSM. and certain specific rules.

Contracts

Contracts Intellectual Property Cinema Copying

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2023

102, outline the criteria for Collective Management Organizations to determine license fees for music usage. License payments are due annually, and joint invoices must be settled within one month of issuance. Each license remains valid for one year from the date of issue. These tariffs, published in Kenya Gazette Supplement No.

IP

IP Intellectual Property Copyright Music

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

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. Legislative Initiatives.

Copyright

Copyright Ownership Journalism Publishing

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

Copyright

Copyright Art Registration Fair Use

The Five Essential Copyright-Related Terms You Need to Know

Kashishipr

AUGUST 31, 2022

When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs). Do you think about the fight between musicians concerning stolen or copied song lyrics? It involves their exclusive right to control and make copies of their creative works.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

While “form” is less interesting for the purposes of this analysis, with regard to methods, Member States are presented with two important choices: a) between literal (“copy-out”) transposition and an “elaboration” on the rules set out in the directive; and. Most of the examined Member States have taken a copy-out approach to the exclusion.

Reporting

Reporting Marketing Marketing Copyright

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying

Copying Copyright Law Copyright Editing

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

The narrow permitted uses, consisting of making copies for digitisation purposes and disseminating online via non-commercial websites are problematic. The OWD and the CDSM Directive’s OOCW provisions now coexist as two distinct options that cultural heritage institutions can rely on for clearing rights.

Copyright

Copyright Marketing Marketing Licensing

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). The new related right for press publishers (Sections 87 et seqq. d) Caricature, parody and pastiche.

Copyright

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

When must public performances of musical works be reported to CMOs?

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting

Reporting Music Related Rights Licensing

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts

Contracts Copyright Law Cease and Desist

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

What is the Copyright Status of AI Generated Works?

azrights

AUGUST 11, 2022

If each output is unique and another user gets a different output even if their query is identical to yours, it means someone else could only use the same visual images as you by copying yours. Would they be infringing your copyright though? Is the output infringing copyright?

Copyright

Copyright Due Diligence Design Designs

Kluwer Copyright Blog

OCTOBER 7, 2021

The Stichting Brein preliminary reference related to the liability of an operator of a platform for Usenet services for communication to the public, while the Puls 4 TV reference concerned the application of the hosting safe harbour to online video platforms. Austro-Mechana, AG Hogan, C-433/20.

Copyright Law

Copyright Law Copyright Law Television

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions.

Music

Music Related Rights Law Contracts

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. According to Section 30, the holder of copyrights may license all or part of his rights to another party.

Music

Music Copyright Copyright Infringement Moral Rights

CJEU to decide whether publishers may receive CMO-run funds from private copying

The IPKat

JANUARY 27, 2025

Case C-840/24 concerns the distribution, by collective management organisations (CMOs), of proceeds from private copying and lending rights. The request asks whether publishers may benefit from a fund, run by a CMO and funded through compensation for private copying exception and public lending rights.

Copying

Copying Publishing Art Copyright

Remuneration for use of works in text and data mining

Kluwer Copyright Blog

MARCH 28, 2025

First, an opt-out mechanism is proposed as a way to license (or gain consent for) the use of protected works for AI training (see interesting comments by J.P. 21) indicates that “a pair of Member States” identified the ECL model as optimal, with one country even proposing a mandatory copyright licensing model. Geiger and V.

Licensing

Licensing Copyright Related Rights Copying

The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I

Kluwer Copyright Blog

MARCH 17, 2025

The new copyright law, the amended Polish Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. The implementing law amended three acts: the Copyright and Related Rights Act, the law on the protection of databases, and the act on collective management.

Marketing

Marketing Marketing Copyright Related Rights

Intellectual Property Pulse

[Guest post] New Ukrainian Law on Copyright and Related Rights

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Trending Sources

Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

UK Government axes plans to broaden existing text and data mining exception

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

The TDM Opt-Out in the EU – Five Problems, One Solution

[Guest post] Litigation commenced against the developers of AI image generation software

Establishment and operation of CMOs in Greece

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

How artificial intelligence works in relation to copyright

EU copyright law round up – fourth trimester of 2021

A summary look at the Portuguese transposition of the CDSM Directive

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Protection of Nonfungible Tokens in Indonesia

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

AI and copyright in 2022

The Five Essential Copyright-Related Terms You Need to Know

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Athens court rules on moral damages in software infringement case

The Orphan Works Directive is broken but the Commission won’t fix it!

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

When must public performances of musical works be reported to CMOs?

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Does food flavouring constitute a “work”?

What is the Copyright Status of AI Generated Works?

EU copyright law round up – third trimester of 2021

Court clarifies process for CMO equitable remuneration

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

CJEU to decide whether publishers may receive CMO-run funds from private copying

Remuneration for use of works in text and data mining

The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I

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