The IPKat

DECEMBER 15, 2022

More on this in a separate post… And here are matters this Kat is keeping 3 of the 5 senses, alert for: As reported on The IPKat in May , the Africa Group at WIPO proposed a Work Program on Limitations and Exceptions (L&Es) to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR).

IP 134

IP Patent Intellectual Property Government 134

The IPKat

AUGUST 1, 2021

After legal analysis, the referring court indicated that it is inclined to find in favor of the copyright holder on both questions (ie, that the operation of the online video recorder constitutes a communication to the public and thus copyright infringement under the InfoSoc Directive). 2(a) and (e) and Art.

Television 145

Television Art Advertising Advertising 145

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art 85

Art Law Related Rights Marketing 85

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders.

Registration 67

Registration Copyright Law Copyright Intellectual Property 67

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

The IPKat

JANUARY 30, 2022

The book addresses the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended), and also addresses other forms of protection and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 76

Moral Rights Database Right Designs Design 76

Kashishipr

AUGUST 31, 2022

Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs).

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 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.

Copying 52

Copying Copyright Law Copyright Editing 52

IIPRD

JUNE 24, 2024

7] WIPO Treaties ‘The WIPO Copyright Treaty’ and the “WIPO Performances and Phonograms Treaty” became effective in 2002, [8] marking a notable milestone in enhancing copyright and related rights protection globally, showcasing substantial advancements and international collaboration.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. Upon return of the paintings, the plaintiff noticed that a photograph had been published in the defendant’s catalogue and brought a claim for copyright infringement against the defendant.

Related Rights 52

Related Rights Law Copyright Copying 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Claims under copyright law. In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

MAY 31, 2022

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. Puls 4 had argued that YouTube was responsible for copyright infringement by its users. 2021, 4 Ob 132/21x ).

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

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

TorrentFreak

JUNE 3, 2023

Pushing back further still, the ISP disputed allegations that it enables subscribers to commit copyright infringement on the torrent sites, so therefore disputes that its subscribers use the sites to download pirated content using BitTorrent. ” Bulgarian ISPs Fight Back One of the ISPs, identified only as ‘N.1’

Music 144

Music Copyright Infringement Copyright Reporting 144

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

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 Designs 143

TorrentFreak

AUGUST 13, 2024

The report revealed that ALPA uploaded a copyright infringing file last year to test the takedown policy. Rightsholders Paint a Pirate Picture Instead, the court went along with evidence presented by rightsholders, including a report compiled by a representative from the Association for the Fight against Audiovisual Piracy ( ALPA ).

Reporting 122

Reporting Copyright Related Rights Copyright Infringement 122

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

The IPKat

OCTOBER 4, 2022

This issue has also raised the question of how to strike the right balance between the respective interests and rights of intellectual property owners on the one hand and amateur creators, users and content sharing services on the other. The use case analyses the internal solutions of content sharing services (i.e.

Technology 117

Technology Publishing Social Media Intellectual Property 117

Garrigues Blog

DECEMBER 14, 2021

However, it is unclear how in such a short time the person responsible for making available the content and/or the intermediary network service provider can defend themselves in case a notification has been wrongly made (as no copyright infringement occurs).

Copyright 52

Copyright Related Rights Ownership Law 52

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

The IPKat

MAY 31, 2022

As reported by The Fashion Law, a recent case in China involved copyright infringement of a series of illustrated works by Chinese artist Ma Qianli and the contributory liability of Chinese marketplace Bigverse.

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

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

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

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

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

The IPKat

SEPTEMBER 4, 2024

AGA did not accept the sales of the cookers changed by the UKIG since they were no longer counted as the original AGA Cookers which led to the infringement of AGA`s trade mark rights. Furthermore, AGA also discussed a possible copyright infringement in its design.

Personality Rights 57

Personality Rights IP Copyright Art 57

Kluwer Copyright Blog

DECEMBER 1, 2022

As opposed to Article 15 CDSMD, Article 17 CDSMD does not introduce a new related right to EU copyright law. Instead, it expands the protections already afforded by copyright and related rights law. To the extent that such rights fall outside of the EU acquis such gold-plating is arguably unproblematic.

Reporting 52

Reporting Marketing Marketing Copyright 52

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. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public.

Copyright 105

Copyright Marketing Marketing Licensing 105

Kluwer Copyright Blog

FEBRUARY 4, 2025

Indirectly exhaustive provisions of copyright law The fact that copyright law itself provides claims and legal remedies to penalise rights infringements (in particular, Section 97 of the German Copyright Act [Urheberrechtsgesetz, UrhG]) does not mean that private enforcement via Section 3a UWG is excluded.

Copyright 52

Copyright Marketing Marketing Copyright Law 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

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. Recommendations.

Copyright 111

Copyright Ownership Journalism Publishing 111

Kluwer Copyright Blog

OCTOBER 4, 2023

This provision, while optional, is rendered mandatory for online use on select major platforms under Article 17(7) of the copyright and related rights in the Digital Single Market Directive ( CDSM ).

Copyright Law 88

Copyright Law Art Copyright Law 88

Kluwer Copyright Blog

NOVEMBER 11, 2021

To be sure, Recital 66 CDSMD notes that “[the liability mechanism] should be without prejudice to remedies under national law for cases other than liability for copyright infringements and to national courts or administrative authorities being able to issue injunctions in compliance with Union law.”

Art 121

Art Law Intellectual Property Intellectual Property Law 121

Kluwer Copyright Blog

OCTOBER 26, 2022

17 CDSM Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) : According to the Grand Chamber of the CJEU, the provision imposes a de facto obligation on service providers to use automatic content recognition tools in order to prevent copyright infringements by users of the platform.

Art 40

Art Copyright Intellectual Property Publishing 40