LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

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Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 101

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. Almost all EU member states have implementesd the Directive into their national laws.

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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. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law.

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Copyright Law Copyright Law Music 58

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. On the copyright/trade mark front, a case on the registrability of the marks ‘ ANIMAL FARM ’ and ‘ 1984 ’ is still pending before the EUIPO’s Grand Board of Appeal.

Copyright Law 58

Copyright Law Copyright Law Television 58

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. Reporting on current events (Section 50 UrhG) and right of quotation (Section 51 UrhG).

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Kluwer Copyright Blog

JUNE 18, 2021

In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. Each State will decide on the basis of its own laws whether or not the payment of said economic rights is subject to collective management.

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Kluwer Copyright Blog

SEPTEMBER 2, 2024

The objective was to assess the national implementations of the two articles for compliance with the internal market objective of the CDSMD and with the EU’s law of fundamental rights. In Portugal , users must be exercising their right to be informed and have lawful access to be protected.

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Reporting Related Rights Publishing Copyright 127

Kluwer Copyright Blog

JULY 15, 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 (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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Copying Law Related Rights Copyright Law 55

Kluwer Copyright Blog

JANUARY 31, 2023

Under German law, there are no special rules governing liability in cases of intellectual property rights infringements. The German BGH did allow a few civil law exceptions, in particular in relation to adopting content as one’s own or false legal appearance. The resulting conclusion in the BGH case law (e.g.,

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Copyright Law Copyright Law Copyright Infringement 52

SpicyIP

FEBRUARY 10, 2024

Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content. Considering these factors, completely dismissing the idea of a specialized regime to address copyright protection for AI innovations may not be in our best interest. Is It Though?

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Kluwer Copyright Blog

JANUARY 23, 2024

While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different. 2) Who is liable for copyright-infringing AI output? Rather, a differentiated approach seems more advisable.

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Copyright Infringement Copyright Law Journalism 120

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 ).

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IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Article 17’s copyright exceptions are also problematic.

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The IPKat

JULY 12, 2024

Text and data mining techniques may be used extensively in this context for the retrieval and analysis of such content, which may be protected by copyright and related rights. The development and training of such models require access to vast amounts of text, images, videos and other data.

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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.

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Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

FEBRUARY 12, 2023

” To fully understand the context and the importance of the decision that the CJEU is expected to issue, there is a need to examine the legal framework provided by both EU and Italian law on the collective management of copyright. EU Law On 26th February 2014, the CRM Directive was adopted. 633 of 1941).

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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.

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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. 17 DSM Directive into the laws of the EU Member States. Image of conolan on Pixabay. 17 DSM Directive was introduced in 2019.

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Art Law Related Rights Marketing 85

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.

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The IPKat

DECEMBER 23, 2023

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Trade Marks Chijioke Okorie provided an overview of the key developments in trade mark law across the African continent as part of the “Africa IP Highlights” series for 2023.

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JD Supra Law

AUGUST 5, 2021

Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). By: International Lawyers Network

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Copyright Related Rights Copyright Law Law 52

Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

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Music Copyright Related Rights Ownership 55

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

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Copyright Related Rights Copyright Law Publishing 52

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.

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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 55

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. Nobody questions the fact that IP laws need to be enforced on the internet.

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Copyright Related Rights Ownership Law 52

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.

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The IPKat

DECEMBER 3, 2023

The Chair is launching a Call for Papers , addressed to anyone interested in presenting during the conference in relation to any of the topics. The selected papers will then be considered for publication in a special issue of the Interactive Entertainment Law Review. The deadline is set on the 20 December 2023.

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Privacy Copyright Related Rights Marketing 64

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 ). Any limitation must be clearly defined by law.

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Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law.

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Copyright Law Art Copyright Law 83

Kluwer Copyright Blog

APRIL 12, 2022

The case is an ideal example of the intricacy of the EU copyright law edifice regarding the right of communication to the public, which appears as a patchwork of disperse legislative provisions and case law. However, Member States can provide for such a right in their legislations. et al ( C-716/20 ).

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Television Art Related Rights Copyright Law 55

TorrentFreak

MAY 12, 2023

After spending more than 16 years implementing intellectual property laws introduced in 2005, amendments to intellectual property law in Vietnam came into effect on January 1, 2023. 17/2023/ND-CP offers guidance on various copyright matters related to ISP liability and enforcement measures, including disclosure of customer information.

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Intellectual Property Law Intellectual Property Copyright Infringement Copyright 137

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

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Copying Copyright Law Copyright Editing 52

The IPKat

DECEMBER 2, 2022

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs.

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