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. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

Copyright 105

Copyright Copyright Law Due Diligence Law 105

Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

Licensing 98

Licensing Publishing Related Rights Law 98

The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). 633, LdA ).

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Music Art Copyright Related Rights 127

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

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.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

IP and Legal Filings

DECEMBER 6, 2022

Producers may claim exclusive ownership of an album or song in court owing to copyright protections. Rights to distribute and reproduce the work exclusively, as well as the right to grant a license that will allow the copyright holder to collect royalties, are included in this property.

Music 91

Music Copyright Copyright Infringement Moral Rights 91

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 and here to know more. Click here to know more.

Intellectual Property 64

Intellectual Property Intellectual Property Law Contracts IP 64

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 License.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 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

FEBRUARY 9, 2022

Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 12 DSM Directive). 12 DSM Directive).

Copyright 52

Copyright Licensing Art Publishing 52

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. Legislative Initiatives.

Copyright 104

Copyright Ownership Journalism Publishing 104

IP and Legal Filings

OCTOBER 28, 2022

These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. cross-border transfer of personal data. electronic data deletion.

Non-Fungible Tokens 96

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

The IPKat

DECEMBER 2, 2022

Of course, this does not affect some restrictions on using someone's programs, but it is just a matter of choosing the proper license (e.g., Let's start with the hope that copyright will survive and include protection for the outputs of AI. More generally, why copyright law cannot provide the solution is the topic for a separate post.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers.

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Copyright Publishing Journalism Art 121

SpicyIP

JANUARY 12, 2022

Published in late 2021, Dr R.V.Vaidyanatha Ayyar’s 421 paged “ Present at Creation: The Making of Internet Treaties 1996 ” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

Intellectual Property 136

Intellectual Property Publishing Copyright Technology 136

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 73

Publishing Journalism Copyright Editing 73

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). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.

Copyright 106

Copyright Related Rights Law Copyright Law 106

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ).

Publishing 52

Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. Remuneration of authors under French copyright law before the 2021 Order.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

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 Fair Use Registration 145

Kluwer Copyright Blog

APRIL 18, 2024

Copyright: WIPO. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Photo: Emmanuel Berrod. WIPO negotiators appear prepared to approve a draft Broadcast Treaty that is no longer “signal-based” or limited to “traditional” (non-Internet-based) broadcasting.

Public Domain 61

Public Domain Contracts Copyright Licensing 61

The IPKat

AUGUST 24, 2021

Such discretion ranges from the very option to do something in the first place to shaping the actual content of rights and rules. An example of the former is the possibility, under Article 12, to provide for collective licensing with an extended effect. Are national legislatures entirely to blame for this? In fairness, not.

Publishing 131

Publishing Copyright Related Rights Law 131

Technology & Marketing Law Blog

JANUARY 3, 2023

It could be copyright infringement to continue serving photos from servers after the license expired. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. . * Evox Productions, LLC v. 2K Games, Inc. ,

Copyright 101

Copyright Social Media Copyright Infringement Publishing 101

LexBlog IP

JANUARY 16, 2024

One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1] 1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. 4(1) and 4(3).

IP 52

IP Copyright Art Related Rights 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 81

Intellectual Property Intellectual Property Law IP Registration 81

Kluwer Copyright Blog

DECEMBER 12, 2021

This is pertinent from a copyright perspective because the regime of protection granted by copyright will be different depending on whether the ML model qualifies as a computer program, as a mathematical method, or as another type of work. Additionally, all proprietary and open source software licensing rely on copyright protection.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

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 Design Designs 97

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

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

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

MARCH 14, 2022

On behalf of the University of Nottingham Commercial Law Centre (UNCLC) , we submitted a response to the consultation that addressed the three areas of potential legislative change. A third alternative: the related rights approach.

IP 58

IP Public Domain Copyright Intellectual Property 58

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. Then, of course, there is the additional question of whether the AI generated output can be an infringement of copyright, under the current legal test.

Music 80

Music Intellectual Property Copyright Technology 80

Kluwer Copyright Blog

AUGUST 18, 2021

Under the 2013 version of the Public sector information directive, public sector bodies (excluding public broadcasters and a few other institutions) were already obliged to allow maximum (commercial) re-use of information that is publicly accessible under national laws. and not charging fees for re-use. by Tito Rendas. €

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Government Database Right Intellectual Property Copyright 55

Kluwer Copyright Blog

NOVEMBER 20, 2022

Thus, copyright protection in the work subsists, with authors having the exclusive right to authorise or prohibit the economic exploitation, including the reproduction, of their works. In this respect, it should be noted thar there is a clear difference between works protected by copyright law and works protected under the CCH.

Artwork 55

Artwork Public Domain Art Copyright 55

Kluwer Copyright Blog

JUNE 28, 2021

In this sense, the Legislative Decree 9/2008 relating to “Discipline of ownership and marketing of audiovisual sports rights and relative allocation of resources” acknowledges that the professional league and the clubs are joint owners of the audiovisual rights relating to matches. by Tito Rendas. €

Television 52

Television Copyright Blogging Law 52