Kluwer Copyright Blog

JANUARY 9, 2023

Following the Report this means: Copyright infringement needs to be addressed; unjustified requests have to be taken seriously, but seem to be an exceptional scenario in particular by qualified rightholders; and there is no real alternative to automation on larger platforms. A vanishing right? Part II is available here.

Blogging 95

Blogging Copyright Fair Use Reporting 95

Kluwer Copyright Blog

AUGUST 24, 2022

Following the consultation, the UK government has now decided to introduce a new copyright and database right exception which allows TDM for any purpose, i.e. including commercial uses. Conversely, users were very much in favour of an exception as it would remove the need for licensing. All-purpose TDM.

Government 95

Government Intellectual Property Licensing Copyright 95

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4.

Database Right 52

Database Right Licensing Public Domain Artwork 52

IP and Legal Filings

AUGUST 19, 2022

The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things. In addition to this, numerous other sections address various facets of upholding database rights. The copyright of a database is safeguarded by the Copyright Act of 1957.

Copyright 52

Copyright Database Right Privacy Technology 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Kluwer Copyright Blog

JANUARY 17, 2024

For these reasons, authors such as Hao-Yun Chen , Peter Slowinski , and Begoña Gonzalez Otero seem to reject the protection of models under copyright law. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9.

Copyright 83

Copyright Database Right Music Intellectual Property Law 83

Kluwer Copyright Blog

DECEMBER 12, 2021

Additionally, all proprietary and open source software licensing rely on copyright protection. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). These topics are in need of further research.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

The IPKat

OCTOBER 20, 2022

He also considered that the fact that the original TV broadcast is directed at a non-EU country (Serbia) does not mean that the online retransmission thereof does not qualify for the application of EU copyright law (specifically: the copyright law of the concerned Member State, e.g., Austria), if the protected content is accessible from the EU.

Copyright 52

Copyright Database Right Copyright Infringement Copyright Law 52

Kluwer Copyright Blog

JUNE 21, 2021

Although this decision only concerns the “re-utilization” of databases protected by the sui generis right (related right) of the EU Database Directive 96/9, there are strong arguments that the decision also applies to Art. 3 InfoSoc Directive as a conflict of law rule governing its international application.

Art 85

Art Law Related Rights Marketing 85

The IPKat

MARCH 6, 2022

Among other things, the proposal clarifies that the " sui generis database right " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

The IPKat

DECEMBER 20, 2024

The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectual property and data protection perspectives, and nascent litigation in various jurisdictions when the scraping has been done without permission of the copyright/database right holders.

Copyright 64

Copyright Government Copyright Law Art 64

The IPKat

JANUARY 25, 2025

AI development/training The Vatican AI Guidelines inter alia state that the extraction and reproduction of content in the use of AI systems and models must comply with Vatican copyright law. The Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g.,

Ownership 140

Ownership Copyright Music Moral Rights 140