Kluwer Copyright Blog

SEPTEMBER 8, 2024

The possibility of linking such data with files containing information that reveals the title of protected works, in cases where the same person repeats an activity infringing copyright or related rights, must be subject to review by a court or an independent administrative body.

Privacy 45

Privacy Copyright IP Copyright Infringement 45

IIPRD

JUNE 24, 2024

As states attempt to protect and capitalize on the fruits of human ingenuity, deciphering the complex web of international treaties and accords governing intellectual property rights have become critical.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

TorrentFreak

DECEMBER 16, 2022

Determined to reduce overall piracy, the UK government first asked and then threatened Google over pirate sites appearing in its search results. Whether the end paragraph is a nod towards repeat infringers, a ‘takedown/staydown’ system, or something else, the end result is the same.

Publishing 107

Publishing Television Government Copyright 107

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

Litigation 143

Litigation Copying Copyright Design 143

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art.

Copyright 145

Copyright Art Registration Fair Use 145

TorrentFreak

JUNE 3, 2023

In advance of Geshev being detained, the government had promised to “show no mercy” when targeting pirate site operators. Copyright infringement of any kind causes serious harm to local music ecosystems and diverts money away from those who create and invest in music.”

Music 144

Music Copyright Infringement Copyright Reporting 144

Kluwer Copyright Blog

JANUARY 31, 2023

Under German law, there are no special rules governing liability in cases of intellectual property rights infringements. The plaintiff in “ uploaded II ” was a scientific publisher that held exclusive rights of making available to the public in medical books.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

TorrentFreak

SEPTEMBER 20, 2023

After a three-month introductory period, the new rules will start being enforced early October, including measures that govern advertising on the internet. Limiting Pirate Sites’ Ability to Generate Revenue The amendments cover a wide range of issues from discrimination to product placement and beyond.

Advertising 124

Advertising Advertising Law Intellectual Property 124

Kluwer Copyright Blog

JANUARY 9, 2023

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

JUNE 13, 2024

These overall aims also include the protection of copyright and related rights. The DSA and the AI Act are without prejudice to and do not affect the enforcement of conventional copyright law (Art. 16 DSA) and the mandatory risk management of very large online platforms and search engines (Arts. 34 and 35 DSA).

Copyright 83

Copyright Art Copyright Law Copyright Infringement 83

Kluwer Copyright Blog

JULY 20, 2021

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

Copyright 105

Copyright Settlement Government Copyright Infringement 105

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

FEBRUARY 4, 2025

As sanctions, the UWG provides a right to prohibitory injunctive relief or removal in Section8 and a right to compensation in Section 9. The provision governing legal standing to sue is particularly interesting. But this should not mean that the copyright provisions in Art. 53(1) AI Act cannot be enforced through the UWG.

Copyright 52

Copyright Marketing Marketing Copyright Law 52

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. This could cause problems in cases when the publishing contract is governed by non-EU law.

Copyright 111

Copyright Ownership Journalism Publishing 111

Kluwer Copyright Blog

NOVEMBER 11, 2021

Indeed, the Spanish transposition of the CDSM Directive , which was approved overnight by means of a Government Decree published on the 3 rd of November and which entered into force the following day, came with some surprises, including an apparent carve out from the liability exemption granted in Art. 17(4) of the CDSMD.

Art 121

Art Law Intellectual Property Intellectual Property Law 121

The IPKat

AUGUST 11, 2022

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. Beyond the need to provide a balanced and accurate view of copyright statutes, there are positive lessons to draw from KECOBO's work as the copyright regulator in Kenya.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

Kluwer Copyright Blog

JUNE 6, 2022

With its ruling in Poland v Commission ( C-401/19 ) on 26 April 2022 the Court of Justice of the European Union (CJEU) dismissed an action to annul Article 17 of Directive (EU) 790/2019 on copyright and related Rights in the Digital Single Market (CDSM Directive).

Copyright 59

Copyright Settlement Law Copying 59

Kluwer Copyright Blog

DECEMBER 16, 2024

Before contracting with third parties for the use of data sets for GPAI model development, the Providers must conduct reasonable copyright due diligence. The Providers (except for small and medium enterprises) should also implement reasonable measures to mitigate the risk and prevent downstream copyright infringement by AI models.

Copyright Law 75

Copyright Law Due Diligence Copyright Technology 75