SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. European Union and Australian Approach for Press Publishers’ Interest. Image from here.

Publishing 89

Publishing Marketing Marketing Advertising 89

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. European Commission, Study on copyright and new technologies – copyright data management and artificial intelligence. According to reports (e.g.

Copyright Law 57

Copyright Law Copyright Law Music 57

The IPKat

FEBRUARY 6, 2022

Please note: Some nominations do not appear in the list above because they were not about IP Law, or were not published in 2021. a trade mark book nominated in the copyright category) were counted towards the book in the relevant category. We look forward to reading and reviewing more IP books in 2022!

Intellectual Property 145

Intellectual Property Editing Copyright Law Intellectual Property Law 145

Kluwer Copyright Blog

JANUARY 18, 2022

On 15 December 2020, the European Commission submitted a proposal for a Regulation on a Single Market For Digital Services (Digital Services Act, DSA) and amending Directive 2000/31/EC. Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude.

Copyright 121

Copyright Due Diligence Art Copyright Law 121

TorrentFreak

JULY 5, 2024

When today’s home video gaming market took its first tentative baby steps thanks to more affordable hardware in the early 1980s, the details of Sony’s lawsuit against Datel would’ve been dismissed as outrageous. In some cases, that included being able to run half-decent games, or even games at all.

Intellectual Property Law 95

Intellectual Property Law Copyright Law Copyright Intellectual Property 95

The IPKat

OCTOBER 10, 2021

Copyright The Journal of Intellectual Property Law and Practice published an Author's Take piece considering what the way forward for the press publishers' right might be under EU copyright law.

Blogging 64

Blogging IP Intellectual Property Law Journalism 64

Kluwer Copyright Blog

NOVEMBER 25, 2021

Now, last time I checked we live in a market economy. Imagine that you are a record company or book publisher. Indeed, reducing money paid to authors is reportedly one of the main reasons for the attempted merger of the two largest US publishing houses, now on hold after an intervention by the US competition law authorities.

Music 144

Music Intellectual Property Art Intellectual Property Law 144

Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

Non-Fungible Tokens 90

Non-Fungible Tokens Blogging Copyright Marketing 90

Kluwer Copyright Blog

MARCH 8, 2023

Launched in January 2020, the H2020 project reCreating Europe (Rethinking digital copyright law for a culturally diverse, accessible, creative Europe ), is pleased to announce its final conference, which will take place in Brussels on 21-22 March 2023.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Copyright Copyright Law 98

TorrentFreak

JANUARY 8, 2023

The law ‘On the limitation of exclusive rights to objects of intellectual property’ targets rightsholders or collective management licensing organizations representing multiple rightsholders. Instead, the lower house of the Belarusian parliament will determine the market price based on unknown factors.

Music 141

Music Intellectual Property Cinema Intellectual Property Law 141

The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. Click here to know more. More information is available here.

Intellectual Property 64

Intellectual Property Intellectual Property Law Contracts IP 64

The IPKat

NOVEMBER 20, 2022

24-25 November 2022 | ERA | " Annual Conference on European Copyright Law 2022 " (Tier, Germany and online) On 24 and 25 November 2022, ERA will host its hybrid annual conference that will update intellectual property lawyers on ongoing EU initiatives and recent ECJ case law in the field of copyright.

Intellectual Property 73

Intellectual Property Intellectual Property Law Registration Licensing 73

The IPKat

NOVEMBER 22, 2023

Do LLMs Infringe Copyright? The committee explored the question of infringement of copyright by LLMs. Dan Conway , CEO of the Publishers Association , stressed the need for a licensing framework, involving permission, transparency, remuneration, and attribution. Here are some key points raised during this discussion.

Intellectual Property 95

Intellectual Property Copyright Fair Use Government 95

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 81

Intellectual Property Intellectual Property Law IP Registration 81

SpicyIP

JUNE 26, 2022

Eashan writes about Indian intellectual property law on his Medium page. The Finished Article: Essays on Indian Designs Law. I also set the table for the rest of the text by summarising the origins of designs law in India. Chapter 2, In Any Other Country , takes up the subject of prior publication in designs law.

Designs 129

Designs Design Law Intellectual Property 129

The IPKat

NOVEMBER 2, 2022

7 February 2023 – Centre for Law, Society and Popular Culture, University of Westminster: “ Issues and Developments in Entertainment Law ” (Portland Hall, University of Westminster, UK) The seventh annual lecture delivered by Sir Richard Arnold will centre around issues and developments in entertainment law from an intellectual property perspective.

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Copyright 64

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

SpicyIP

MARCH 13, 2023

ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law? Who is the owner of the underlying copyright (if any) the coder? Call for Papers: NUALS Intellectual Property Law Review (Vol. The author of the input?

Intellectual Property Law 106

Intellectual Property Law Intellectual Property Trademark IP 106

IP and Legal Filings

OCTOBER 7, 2022

The 19th century saw the emergence of the phrase “intellectual property.” The protection of creators’ rights and their intellectual property is the main goal of intellectual property laws. They need to be accepted by the law. Not all of these advantages are unassailable, though.

Intellectual Property 52

Intellectual Property Intellectual Property Law Copyright Infringement Copyright 52

Kluwer Copyright Blog

MARCH 2, 2022

In a recent paper (currently under review), we question whether humans can be replaced by AI to generate mechanical/less creative news reports and study whether “robojournalistic” outputs can be granted copyright protection from an EU law perspective. Free and creative choices and expression of intellectual creation must be present.

Copyright 104

Copyright Journalism Copyright Law Intellectual Property 104

Kluwer Copyright Blog

NOVEMBER 8, 2021

Top 3 Kluwer Copyright Blog posts. 1) The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.”

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Image source: iStock].

Non-Fungible Tokens 87

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 87

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The narrower EU exceptions.

Government 93

Government Intellectual Property Licensing Copyright 93

Canadian Intellectual Property Blog

OCTOBER 13, 2021

Hendley”), and his publisher, James Lorimer & Company Ltd., the defendants, for copyright infringement. In 1954, Mr. Kelley published a book called The Black Donnellys , which was published and sold as a nonfictional account of a notorious family from Lucan, Ontario. Kelley”) sued author, Nate Hendley (“Mr.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. xxiv] Intellectual property law recognizes a limited monopoly-esque property right for the creator.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. Their introduction highlights the importance of research for creating an innovative digital market in the EU.

Copyright 57

Copyright Intellectual Property Copyright Law Law 57

LexBlog IP

MARCH 7, 2022

Moreover, in 2020, TikTok was forced to enter into a global agreement with the National Music Publishers Association (“NMPA”) in response to NMPA’s allegation that at least half of the music on the application was unlicensed and in direct violation of copyright laws.

Copyright 52

Copyright Social Media Music Copyright Infringement 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 82

Blogging Copyright Contracts Cease and Desist 82

Kluwer Copyright Blog

NOVEMBER 29, 2021

As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD). The first (full) draft bill was published on 7 May 2020, and a public consultation took place between May and June 2020. More from our authors: Law of Raw Data.

Cease and Desist 109

Cease and Desist Copyright Government Publishing 109

Kluwer Copyright Blog

FEBRUARY 28, 2022

17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. 8 UrhDaG); general responsibility under copyright law for user uploads is established in Sec.

Art 54

Art Copyright Law Copyright Law 54

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. How are photographers supposed to get the attention of those publishers without displaying samples of their work?

Blogging 97

Blogging Copying Social Media Copyright 97

Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. On the surface, the existing regime appears to be offering an easy, straightforward copyright solution.

IP 57

IP Public Domain Copyright Intellectual Property 57

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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Copyright Related Rights Artistic Work Public Domain 54