The IPKat

DECEMBER 2, 2022

In the interim, at least, related rights, trade secrets, or protection against unfair competition, might provide some helpful alternatives. [A Related rights will only apply to video or audio, and, in any event, they are not universally recognized around the world. 2021/41/N/HS5/02726.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 40

Designs Design Copyright Artistic Work 40

The IPKat

DECEMBER 23, 2023

Copyright and Designs Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023. The overview covers the case law, legislative reforms, and public debates about current issues in copyright law.

Intellectual Property 69

Intellectual Property IP Copyright Law Invention 69

Kluwer Copyright Blog

MAY 1, 2024

The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means. Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin.

Copyright 72

Copyright Art Designs Design 72

The IPKat

FEBRUARY 3, 2023

To do so, it first discusses how AI image generation tools are trained and how copyright protected images are involved in that process. In summary- the availability of copyright protection for these images of besuited felines would make an ideal exam question for IP students. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

The IPKat

DECEMBER 10, 2023

Image via Pexels Eleonora Rosati discussed the recent assessment of originality in copyright law as considered by the Court of Appeal of England and Wales in the case THJ v Sheridan [2023] EWCA Civ 1354. The post highlights the reasoning adopted by Arnold LJ considering the post-Brexit implications on the UK copyright law.

Registration 69

Registration Copyright Law Copyright Intellectual Property 69

azrights

AUGUST 11, 2022

Would they be infringing your copyright though? Is the output infringing copyright? From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes.

Copyright 97

Copyright Due Diligence Designs Design 97

Kluwer Copyright Blog

JANUARY 9, 2023

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I by Oleksandr Bulayenko , João Pedro Quintais , Joost Poort and Daniel Gervais. Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

JANUARY 31, 2023

“ YouTube II ” concerned the infringement of the right of communication to the public as per Article 3 of the Copyright Directive (2001/29) in relation to copyright and related rights in various music tracks.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far. ↑ 1 [link].

Copying 52

Copying Law Copyright Law Copyright 52

LexBlog IP

JUNE 28, 2023

The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs. 3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense.

Copying 52

Copying Copyright Law Copyright Editing 52

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

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Redistribution through IP rights in absence of market failure is doomed to fail as it does not to create incentive. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code.

Publishing 104

Publishing Marketing Marketing Advertising 104

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon. Copyright.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

OCTOBER 23, 2024

Secondary Publication Rights as Enablers of (Green) Open Access SPRs are rights under copyright law that allow authors of publicly funded scientific research to post their published works on institutional websites and repositories, without the need for permission from the publishers that often own the copyrights.

Publishing 81

Publishing Journalism Copyright Editing 81

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.

Reporting 52

Reporting Marketing Marketing Copyright 52

The IPKat

DECEMBER 17, 2021

In May , a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. This Katpost discussed the case in fuller detail.

Trademark 74

Trademark IP Registering Trademarks Branding 74

Kluwer Copyright Blog

MARCH 30, 2022

It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law. Logically, then, the preamble to a Directive cannot be used to restrict the scope of one of its operative provisions, especially one that is rooted in fundamental rights.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

Kluwer Copyright Blog

FEBRUARY 9, 2022

Generally, the distinction between collective licensing with extended effect and mandatory collective management of rights is important (see Study on emerging issues on collective licensing practices, p. This mechanism of mandatory collective management is not new in copyright. 5 Rental Directive ).

Copyright 52

Copyright Licensing Art Publishing 52

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. It has the capacity to run through a large number of tasks extremely quickly, which allows it to become more capable at performing tasks it has been trained to do.

Music 83

Music Intellectual Property Copyright Technology 83

Kluwer Copyright Blog

AUGUST 18, 2021

because there is no public access regime that applies, or because third parties own intellectual property rights. Where third parties such as publishers or data services hold copyright or sui generis rights (or related rights) the public sector body would then of course have to ensure it has proper authorization from the right holder.

Government 59

Government Database Right Intellectual Property Copyright 59

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1]

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Kluwer Copyright Blog

MAY 18, 2022

This approach, referred to as “private ordering” or “self-regulation”, has been reflected in several EU Directives, and has long provided a useful workaround for governments by empowering industry actors to design and implement their own rules and methods of enforcement (given that they comply with existing law).

Copyright 52

Copyright Marketing Marketing Law 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 119

Intellectual Property IP Registration Copyright 119

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

MARCH 14, 2022

The first issue raised in the consultation was whether the copyright protection for computer-generated works (CGWs)without a human author, in the UK Copyright, Designs and Patents Act 1988 (CDPA), strikes the right balance between incentivising and rewarding investment in AI creativity.

IP 64

IP Public Domain Copyright Intellectual Property 64

Kluwer Copyright Blog

DECEMBER 16, 2024

The Codes objectives emphasise that the Providers should ensure and demonstrate compliance with their obligations under the AI Act, enable the AI Office to assess compliance, integrate AI models effectively, follow EU copyright law, and continuously manage systemic risks.

Copyright Law 75

Copyright Law Due Diligence Copyright Technology 75

Kluwer Copyright Blog

APRIL 4, 2025

The second draft emphasised the need for both internal copyright policies and public summaries of these policies. There was a stronger focus on ensuring third-party datasets comply with copyright laws, including due diligence and documentation of assurances from third parties.

Due Diligence 59

Due Diligence Copyright Infringement Copyright Copyright Law 59

The IPKat

FEBRUARY 2, 2025

Part 2 of the Report ( here ), released on 29 January 2025, tackled the copyrightability of outputs created using generative AI (GenAI), in which inter alia it was stated that: The existing principles of copyright law are flexible enough to apply to AI as they have applied to tech innovations in the past. Further details here.

IP 64

IP Reporting Blogging Copyright 64

Velocity of Content

NOVEMBER 25, 2024

. ↩︎ See Ginsburg & Ricketson , supra note 49, ¶¶ 11.30 – 11.41 (discussing the rights of reproduction and adaptation in the Convention) [ read full article here ]. ↩︎ See, e.g., German Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG), § 3 – Adaptations, Copyright Act of 9 September 1965 (Federal Law Gazette I, p.

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

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