TorrentFreak

SEPTEMBER 20, 2023

Ukraine Beats Most of the EU While Ukraine has received widespread criticism for unaddressed and at times rampant online copyright infringement, its participation in WIPO Alert puts it ahead of nearly all EU member states.

Advertising 124

Advertising Advertising Law Intellectual Property 124

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

TorrentFreak

DECEMBER 16, 2022

As reported in February 2022, notices published on the Lumen Database referenced well over one hundred pirate sites, all of which had been previously blocked for copyright infringement under the orders of the High Court in London. Just weeks after deindexing was confirmed in the Netherlands, a similar pattern emerged in the UK.

Publishing 107

Publishing Television Government Copyright 107

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. The post is published under a Creative Commons Attribution 4.0 Current EU copyright framework.

Copyright 111

Copyright Ownership Journalism Publishing 111

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 Registration Fair Use 145

Kluwer Copyright Blog

DECEMBER 28, 2021

The European Audiovisual Observatory (“EAO”) has recently published the Mapping report on national remedies against online piracy of sports content (“Report”), conducted at the request of the European Commission. Image by Marco Verch under Creative Commons 2.0. and Bulayenko, O.,

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

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

IPilogue

AUGUST 18, 2021

The European Union (EU) Court of Justice Advocate General, Saugmandsgaard ØE, recently published the long-awaited opinion on the action brought by the Republic of Poland against the contentious Article 17 of the Directive on Copyright and Related Rights in Digital Single Market.

Copyright 81

Copyright Related Rights Copyright Infringement Marketing 81

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.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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 78

Moral Rights Database Right Designs Design 78

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.

Copyright 52

Copyright Related Rights Ownership Law 52

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

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

JANUARY 31, 2023

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 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”).

Reporting 52

Reporting Marketing Marketing Copyright 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.

Art 83

Art Copyright Law Copyright Music 83

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.

Copying 52

Copying Copyright Law Copyright Editing 52

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.

Art 40

Art Copyright Intellectual Property Publishing 40

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. The key points from KECOBO's one-page advisory include: Memes are often created from photographs, texts or videos that are protected by copyright.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

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.

Copyright 59

Copyright Settlement Law Copying 59

Kluwer Copyright Blog

FEBRUARY 3, 2025

This post is a summary of a more detailed analysis by the authors published on SSRN. It relies on a German article published in Zeitschrift fr Urheber- und Medienrecht (ZUM) 2024, pages 780-789.

Copyright 52

Copyright Copyright Law Art Law 52

Kluwer Copyright Blog

DECEMBER 16, 2024

The European Commission published the first draft of the Code on 14 November 2024. Before contracting with third parties for the use of data sets for GPAI model development, the Providers must conduct reasonable copyright due diligence.

Copyright Law 75

Copyright Law Due Diligence Copyright Technology 75