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.

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The IPKat

JANUARY 30, 2022

The IPKat has published several posts over the past two weeks! COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right.

Moral Rights 73

Moral Rights Database Right Designs Design 73

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. A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator.

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Copyright Art Fair Use Registration 145

Garrigues Blog

DECEMBER 14, 2021

Portuguese Law 82/2021 has been published on November 30, dealing with the supervision, control, removal and impediment of access in a digital environment to protected content, trying to make it a safer and more regulated place for right holders.

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Copyright Related Rights Ownership Copyright Infringement 52

Kluwer Copyright Blog

SEPTEMBER 20, 2023

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. The effects of this repeal of then-Sect. 24(1) UrhG go far beyond this particular case.

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Art Copyright Law Copyright Music 76

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

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Technology Publishing Social Media Intellectual Property 114

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).

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Copyright Law Copyright Law Reporting 112

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. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

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Contracts Copyright Law Cease and Desist 98

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. .

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Copyright Blogging Fair Use Reporting 94

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. According to Art.

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Art Law Intellectual Property Intellectual Property Law 113

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.

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Copyright Settlement Government Copyright Infringement 102

Kluwer Copyright Blog

OCTOBER 26, 2022

It is published under a Creative Commons Attribution 4.0 The results of the study are compiled in a paper published in January 2022, which was the foundation for the presentation at the Filtered Futures conference on 19 September 2022 in Berlin. The impact of the Judgement on National Implementations.” 17 CDSMD on platform level.

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Art Copyright Intellectual Property Publishing 52

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. This article was originally edited by, and first published on, www.lexology.com. Endnotes (1) Decision No.

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Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

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Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

JUNE 6, 2022

This article was first published on The Digital Constitutionist and is reposted here with the kind permission of the authors. In this line, we believe that digital constitutionalism is key to help defining a fundamental rights-compliant content moderation system for the online environment. by Alexander Puutio. € by Edward J.

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Copyright Settlement Law Copying 55