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. European Union Intellectual Property Office, Report on Online Copyright Infringement in the EU. More from our authors: Law of Raw Data.

Copyright Law 121

Copyright Law Law Copyright Reporting 121

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Often such audience, who can easily access any photograph, use these photographs after making certain modifications to them through photo-editing software like Photoshop, Adobe and many other photo modification tools. This act is often done without the prior consent or permission of the copyright holder or the photographer of the picture.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Kluwer Copyright Blog

JANUARY 23, 2024

One AI topic, which has so far only been examined in any depth in relation to EU copyright law in a few instances, is copyright infringement by generative AI and the associated liability. 1) When does AI output constitute an infringement? 2) Who is liable for copyright-infringing AI output?

Copyright Infringement 127

Copyright Infringement Copyright Law Journalism 127

SpicyIP

NOVEMBER 11, 2024

Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v. Tanishka Goswami explores how text data mining can qualify as an exception to copyright infringement. Read her analysis on the evolving intersection of copyright law and AI!

Personality Rights 104

Personality Rights Trademark Social Media Patent Law 104

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

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Hence, through their operational frameworks, the platforms complained of were alleged to infringe the copyright, and broadcasting rights held by Star India. [This post is authored by Tanishka Goswami.

IP 59

IP Copyright Infringement Copyright Copyright Law 59

SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. A photograph of Prof. (Dr.) Shamnad Basheer.

Law 137

Law IP Editing Intellectual Property 137

Kluwer Copyright Blog

JANUARY 18, 2022

To achieve these aims, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content. Copyright enforcement online is a major issue in the context of the DSA, and the DSA will be of utmost importance for the future of online copyright in the EU.

Copyright 128

Copyright Due Diligence Art Copyright Law 128

Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. The key aspects of a podcast that are covered by copyright include: 1.Music: Super Cassettes Industries Ltd.

Licensing 52

Licensing Copyright Public Domain Music 52

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active.

Copyright Law 80

Copyright Law Law Copyright Copying 80

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!

Copyright Law 78

Copyright Law Law Copyright Reporting 78

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? I. GenAI at odds with copyright law?

Copyright 130

Copyright Higher Education Copyright Infringement Ownership 130

TorrentFreak

FEBRUARY 22, 2023

Massive Copyright Infringement The language used in the complaint makes it extremely clear that the MPA views playlists as a threat and illegal under copyright law. at [former repo location],” the notice reads (minor edits for clarity).

Copyright Infringement 143

Copyright Infringement Television Copyright Advertising 143

TorrentFreak

JANUARY 17, 2024

Free Speech Has Limits A criminal copyright infringement trial that concluded in Finland this week also saw the defendant rely on a fair use-style parody defense. When he copied and then rebroadcast the news report, that was copyright infringement. Not that other routes hadn’t already been tested, however.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

Erik K Pelton

JULY 14, 2022

The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. And that is a specific, important phrase in copyright law. And the infringement doesn’t have to be long. Lots of us use others to help create content online. And this is shocking to many people.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Kluwer Copyright Blog

MAY 30, 2024

Copyright exceptions: Quotation and pastiche Apart from exhaustion, another possible avenue of “legitimizing” upcycling in the face of copyright infringement allegations could lie with copyright exceptions. How to reconcile copyright with the human right to a healthy environment? A solution?

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

IPilogue

JULY 22, 2021

On June 8 th , the Federal Court of Australia ruled that AGL Energy, Australia’s largest electricity generator, failed to establish its trademark and copyright infringement claim against Greenpeace , an international environmental activist organization. Therefore, no damages were awarded to AGL. From 2019 to 2020, AGL produced 42.2

Law 105

Law Copyright Law Trademark Copyright 105

TorrentFreak

APRIL 23, 2024

They filed a lawsuit in 2020 equating IA’s controlled digital lending operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement. IA points out that it doesn’t lend out digital copies without limits.

Copyright 138

Copyright Fair Use Copying Publishing 138

TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. As such, US copyright law lacks reach, the defendants say. Affirmative Defense – Fair Use. on Metacritic.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

SpicyIP

MARCH 1, 2025

Through the Copyright Amendment Act, 2012, DRM and TPMs received a legal sanction as the newly introduced Section 65A (1) criminalised the act of circumventing the DRM with the intention to infringe on copyright laws. Thus the higher evidentiary standard of intention to infringe upon copyright must also be proved (p 588).

Copying 59

Copying Editing Licensing Copyright 59

IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Copyright Act regulates the works which are created by humans only.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

IP and Legal Filings

SEPTEMBER 20, 2023

If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright?

Design 105

Design Designs Copyright Copyright Infringement 105

Kluwer Copyright Blog

SEPTEMBER 15, 2024

Real data is hard to come by and expensive to label; using synthetic data instead is not only cheaper but also promises to sidestep the thorny issues of privacy and copyright infringement (see Lee 2024 ). But there are also important drawbacks to consider. The biggest concern with synthetic data is quality.

Copyright 128

Copyright Copyright Infringement Privacy Technology 128

TorrentFreak

MARCH 25, 2024

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement.

Publishing 144

Publishing Copyright Fair Use Intellectual Property Law 144

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Copyright Law Fair Use Law 138

TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. 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.

Publishing 142

Publishing Ownership Copyright Copying 142

Kluwer Copyright Blog

JUNE 13, 2024

the GPT models of Open AI) will have to “put in place a policy to comply with Union copyright law” and “draw up and make publicly available a sufficiently detailed summary about the content used for training” of the AI model. What, therefore, does the general reference of the AI Act to “Union copyright law” mean?

Copyright 83

Copyright Art Copyright Law Copyright Infringement 83

Technology & Marketing Law Blog

JULY 26, 2021

[The 2021 edition of my Internet Law casebook is coming soon. Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims Board (CCB). The CCB will be dominated by claims over alleged online infringement, so it’s a major development for online copyright law.

Copyright 142

Copyright Law Registration Copyright Infringement 142

The IPKat

JUNE 21, 2024

When is text and data mining for AI development legally permitted under copyright law? Does AI technology also entail copyright infringement apart from this? And who holds the rights in that case? If so, how should we handle it? For further information and to register, click here.

Intellectual Property 72

Intellectual Property Editing IP Copyright 72

TorrentFreak

MAY 6, 2024

4 Other anti-piracy work reported for the period includes legal action against pirate site operators and translation groups, civil/criminal action through local subsidiaries and overseas affiliates, establishing response strategies in accordance with local copyright laws, and overseas administrative actions.

Reporting 130

Reporting Social Media Publishing Editing 130

Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

Non-Fungible Tokens 95

Non-Fungible Tokens Blogging Copyright Marketing 95

IP and Legal Filings

MAY 13, 2024

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. As a result, using AI for producing content is only eligible for an infringement of copyright if the data used by AI violates copyright.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright 145

Copyright Art Registration Fair Use 145

IP Tech Blog

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. The other opinion maintains that the copyright is only established once the NFT is minted. The first view is more closely aligned with traditional copyright law, and the court is likely to view that standard as applicable to NFTs and copyright law.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

The IPKat

FEBRUARY 21, 2022

This Conference marks the 25th anniversary of the Boards of Appeal and will bring together leading intellectual property experts from multiple jurisdictions, representing a broad spectrum of professional interests with representatives from some of the leading IP offices, lawmakers, judges, academics, and lawyers.

Intellectual Property 69

Intellectual Property Moral Rights Registration Editing 69

IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] It receives the full set of rights under copyright law, just like literary, dramatic, or artistic work”.

Music 103

Music Copyright Ownership Copyright Law 103