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

The IPKat

MAY 22, 2023

With the sudden popularity and accessibility of AI systems such as Open AI’s ChatGPT, there has been a lot of attention regarding the regulation and governance of the industry. 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.

Music 82

Music Intellectual Property Copyright Technology 82

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

IIPRD

JUNE 24, 2024

As states attempt to protect and capitalize on the fruits of human ingenuity, deciphering the complex web of international treaties and accords governing intellectual property rights have become critical.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

According to article 107 CCH “ The Ministry, the Regions and other territorial government bodies may permit the reproduction as well as the instrumental and temporary use of the cultural properties committed to their care, without prejudice to the provisions in paragraph 2 and those with regard to copyright”.

Artwork 59

Artwork Public Domain Art Copyright 59

Kluwer Copyright Blog

JUNE 18, 2021

Thus, although the Treaty is governed by the principle of national treatment, this is only imposed with regard to exclusive rights expressly included in the Treaty and to the right to a fair remuneration. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. Stage II: The Data Governance Act. But the Data governance act would do more. 1(6) Open data directive).

Government 59

Government Database Right Intellectual Property Copyright 59

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141

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. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

Copyright 145

Copyright Art Registration Fair Use 145

The IPKat

FEBRUARY 3, 2023

For example, if we ask the Stable Diffusion generator for a “cat wearing a suit” it generates images of dapper cats at the press of a button: As an aside, as it has been discussed previously on the IPKat , there is some uncertainty whether these image outputs are protected under copyright law and, if protected, who owns the relevant copyright.

Litigation 143

Litigation Copying Copyright Design 143

Kluwer Copyright Blog

DECEMBER 17, 2024

In the complicated landscape of genAI and copyright law, several different themes have emerged as particularly thorny and triggering the interests of different stakeholders. The Institute is actively exploring the impact of genAI on copyright law via a dedicated series of events, roundtables, lectures and publications.

Publishing 52

Publishing Reporting Brands Branding 52

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.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

The IPKat

DECEMBER 3, 2023

Image via Pexels Research Grant – University of Udine The University of Udine has just launched an opportunity for a research grant on the topic: Italian copyright law after the EU Directive on copyright and related rights in the Digital Single Market, and its effects on cultural heritage.

Privacy 67

Privacy Related Rights Copyright Marketing 67

Kluwer Copyright Blog

JUNE 13, 2024

Photo by Chris Spiegl on Unsplash The EU laws on digital services ( Digital Services Act – DSA ) and artificial intelligence (AI Act, cited here according to EP document P9_TA(2024)0138 of 13 March 2024) are intended to ensure safety and trustworthiness on the Internet and in dealing with AI. 34 and 35 DSA). According to Art.

Copyright 83

Copyright Art Copyright Law Copyright Infringement 83

Kluwer Copyright Blog

JANUARY 9, 2023

The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. AI Music Outputs: Challenges to the Copyright Legal Framework – Part I by Oleksandr Bulayenko , João Pedro Quintais , Joost Poort and Daniel Gervais.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

MAY 28, 2024

Image via Pixabay The AI Law Proposal: general context and subject matter On 23 April 2024, the Italian government published the text of a draft law introducing regulatory provisions concerning the use of Artificial Intelligence systems to the Italian legal system (“AI Law Proposal”) ( here ).

Law 53

Law Copyright Art Government 53

Kluwer Copyright Blog

FEBRUARY 4, 2025

As sanctions, the UWG provides a right to prohibitory injunctive relief or removal in Section8 and a right to compensation in Section 9. The provision governing legal standing to sue is particularly interesting. But this should not mean that the copyright provisions in Art. 53(1) AI Act cannot be enforced through the UWG.

Copyright 52

Copyright Marketing Marketing Copyright Law 52

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

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). 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.

Music 72

Music Copyright Derivative Work Ownership 72

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. Current EU copyright framework. Recommendations.

Copyright 111

Copyright Ownership Journalism Publishing 111

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. Where efficient voluntary licensing mechanisms exist, the mandatory collective management of rights ought to be avoided.

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

MAY 1, 2024

The Kwantum case ( C-227/23 ), involving a dispute over a work of design or applied art, questions the application of the reciprocity test in light of harmonized copyright law and the Court of Justice of the EU (CJEU) decision in RAAP ( C-265/19 ). In conclusion, Kwantum reflects the uncertainty stemming from RAAP.

Copyright 72

Copyright Art Designs Design 72

The IPKat

JULY 15, 2021

He agreed with the Parliament, the Council, the Commission, and the French government that Poland’s request for partial annulment of Article 17 should be declared inadmissible by the Court. Such acknowledgement, continued the AG, would reflect CJEU case law itself.

Copyright 104

Copyright Law Related Rights Technology 104

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

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. This post reviews KECOBO’s advisory in the light of Kenya’s copyright law and policy. This is so for several reasons but this post highlights two.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

Kluwer Copyright Blog

MAY 18, 2022

Thus, to circumvent the costly, and at times politically sensitive, task of regulating conduct online, governments rather encouraged private actors themselves to structure, implement and enforce their own sets of rules and procedures preventing illegal conduct. A New EU Copyright Institution.

Copyright 52

Copyright Marketing Marketing Law 52

Kluwer Copyright Blog

FEBRUARY 12, 2023

One of its main purposes is to set common minimum requirements regarding the governance, financial management, transparency and reporting of the CMO themselves (for an earlier analysis, see here ). In fact, until 2017, when the Decree-Law No. 180 of the Italian Copyright Act concerning the copyright intermediation activity.

Copyright 72

Copyright Law Marketing Marketing 72

Kluwer Copyright Blog

JANUARY 25, 2022

Especially in times of change, they serve as guiding principles for citizens, governments and, if push comes to shove, the judiciary. It introduced new roles for actors who constitute the infrastructure of the internet and entrusted them with tasks that directly affect the fundamental rights of users online.

Copyright 64

Copyright Intellectual Property Copyright Law Law 64

Kluwer Copyright Blog

MARCH 17, 2025

The new copyright law, the amended Polish Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. The implementing law amended three acts: the Copyright and Related Rights Act, the law on the protection of databases, and the act on collective management.

Marketing 52

Marketing Marketing Copyright Related Rights 52

Kluwer Copyright Blog

MARCH 28, 2025

The systemic argument is also noteworthy: since some countries, such as Poland, have adopted ECL for the related right of press publishers , the rationale for such a system for TDM seems at least as adequate. Applicability A key advantage of using the opt-out is that it is based on already existing legislation. The document (see pp.

Licensing 52

Licensing Copyright Related Rights Copying 52

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