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?

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

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.

Copying 55

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.,

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

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 122

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).

Copyright 65

Copyright Law Marketing Marketing 65

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.

Intellectual Property 64

Intellectual Property IP Copyright Law Invention 64

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.

Copying 52

Copying Law Copyright Law Copyright 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

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

Copyright 52

Copyright Related Rights Copyright Law Law 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 ). Any limitation must be clearly defined by law.

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Copyright Art Designs Design 65

TorrentFreak

JANUARY 22, 2023

Harmonization With EU Copyright Law Under the EU-Moldova Association Agreement of 2014, Moldova was required to reform copyright law to meet EU standards. ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned.

Copyright Law 116

Copyright Law Music Law Copyright 116

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third 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. The copyright in these two titles expired at the beginning of 2021. Internet Law: A Concise Guide to Regulation Around the World. Stay tuned!

Copyright Law 112

Copyright Law Copyright Law Music 112

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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Registration Copyright Law Copyright Intellectual Property 64

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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Government Related Rights Copyright Law 141

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.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 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.•

Non-Fungible Tokens 87

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 87

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.

Copyright 52

Copyright Related Rights Ownership Copyright Infringement 52

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

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) Photo by Markus Spiske on Unsplash.

Copyright Law 113

Copyright Law Copyright Law Reporting 113

Kluwer Copyright Blog

SEPTEMBER 20, 2023

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. Is Pelham’s sampling permitted by law under the “free use” (freie Benutzung) of then-Sect.

Art 77

Art Copyright Law Copyright Music 77

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.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

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.

Copyright Law 59

Copyright Law Law Copyright Publishing 59

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.

Intellectual Property Law 118

Intellectual Property Law Copyright Infringement Intellectual Property Copyright 118

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. The rules of private international law must also be taken into account.

Copyright 106

Copyright Ownership Journalism Publishing 106

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 65

Music Copyright Derivative Work Ownership 65

Kluwer Copyright Blog

JANUARY 4, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. But, could they be considered as works in the sense of European copyright law? More from our authors: Law of Raw Data. 36, 37).

Copyright Law 124

Copyright Law Copyright Law Intellectual Property 124

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.” Getty Images , Newgrounds , and PurplePort ).

Copyright 145

Copyright Art Fair Use Registration 145

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.

Copyright Law 59

Copyright Law Copyright Law Music 59

LexBlog IP

AUGUST 4, 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). Introduction. Such remuneration is payable only to CMOs. Legislative background.

Copyright 52

Copyright Related Rights Television Law 52

IP and Legal Filings

DECEMBER 6, 2022

Section 52 (1) (j) lays down the peculiar and specific uses withstanding the modifications of works such as sound recordings and music requiring the copyright owner’s consent. The Act further lays down the limitations on copyrights, provides and establishes penalties for infringement. The court ruled in Gramophone Co.

Music 78

Music Copyright Copyright Infringement Moral Rights 78

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. For more visit: [link].

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

SEPTEMBER 23, 2021

As a result these platforms need to prevent uploads containing Public Domain or openly licensed works from being blocked or removed as a result of copyright claims from (alleged) rightholders or face sanctions. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty.

Public Domain 102

Public Domain Licensing Copyright Related Rights 102

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

Designs 52

Designs Design Copyright Artistic Work 52

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright 106

Copyright Related Rights Law Copyright Law 106

SpicyIP

JANUARY 12, 2022

The officials dealing with copyright were generalist administrators, and expertise on international copyright laws in academia was sparse […]. ” Interestingly, it turns out that our very own Prashant Reddy seems to have been a trigger for the writing of the book!

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

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 59

Copyright Law Copyright Law Television 59

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 143

Artwork Public Domain Moral Rights Art 143