Copyright Law, Publishing and Related Rights - Intellectual Property Pulse

[Guest post] New Ukrainian Law on Copyright and Related Rights

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.

Under a New EU-Focused Copyright Law, Musical Artists Currently Earn Nothing

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. An EU assessment published early 2021 identified many areas in need of attention ( pdf ).

Copyright Law

Copyright Law Music Law Copyright

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

Kluwer Copyright Blog

DECEMBER 17, 2024

It is a job with lots of responsibility, joys, surprises and disappointments, but one thing is for sure publishing is a big part of our workload. To that end, we work very closely with academic publishers. One such topic is academic publishing and genAI deals between publishers and tech companies.

Publishing

Publishing Reporting Branding Brands

EU copyright law round up – fourth trimester of 2021

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. In a report published on 13 October, the European Parliament emphasized the essential role of cultural and creative sectors and industries (CCSI).

Copyright Law

Copyright Law Law Copyright Reporting

The EU AI Act has been published

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.

Publishing

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

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.

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‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying

Copying Copyright Law Copyright Social Media

Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

Kluwer Copyright Blog

SEPTEMBER 2, 2024

The Finnish implementation does not limit the users targeted by the press publishers’ right to ISSPs. Finland , Lithuania and Slovenia omit the restriction of the press publishers’ right to online uses. The national expert Tuomas Mylly reports that this, strangely, seems to be the result of oversight.

Reporting

EU copyright law round up – first trimester of 2022

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.

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Copyright Law Copyright Law Music

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

DECEMBER 12, 2022

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA). [1] As a recent study demonstrates, commercial publishers currently derive more than two billion USD annually from APCs.

Copyright

Copyright Publishing Journalism Art

European Copyright Directive: Which Stage is the European Union At?

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

Copyright Copyright Law Due Diligence Law

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. And it’s published under a creative commons license, with the text available on his website here. There is however one stand-out entry that looks like it will be of interest to several of our readers.

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Intellectual Property Publishing Copyright Technology

EU copyright law round up – second trimester of 2023

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. You can read the previous round-ups here.

Copyright Law

Copyright Law Law Copyright Publishing

EU copyright law round up – third trimester of 2021

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. This eagerly awaited AG Opinion was published on 15 July 2021. 11 of the Charter of Fundamental Rights of the European Union. Stay tuned!

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Towards the national transpositions of the DSM Directive: various techniques to. do as you please

The IPKat

AUGUST 24, 2021

Most of the Italian draft law closely resembles the text of the Directive, but there are notable exceptions. The proposed Italian press publishers’ right One of most visible examples of the above is the proposed Italian transposition of Article 15 (the press publishers’ right.

Publishing

Publishing Copyright Related Rights Law

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

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. More from our authors: Law of Raw Data. 3, second sentence UrhG.

Related Rights

Related Rights Law Copyright Copying

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

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. The post is published under a Creative Commons Attribution 4.0 Current EU copyright framework.

Copyright

Copyright Ownership Journalism Publishing

Key 2023 update: EU Directive implemented in Greek copyright law

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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Copyright Law Law Copyright Television

AI and copyright in 2022

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.”

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Copyright Art Registration Fair Use

UK Government axes plans to broaden existing text and data mining exception

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

Government Related Rights Copyright Law

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

Tattoos are “published” when completed. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. UMG Recordings, Inc., 2022 WL 17744001 (SDNY Aug. Wright v.

Copyright

Copyright Social Media Copyright Infringement Publishing

A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works

Kluwer Copyright Blog

SEPTEMBER 23, 2021

We have recently published a white paper , authored by Julia Reda ( Gesellschaft für Freiheitsrechte ) and Paul Keller ( Open Future ) that proposes to build a public repository of Public Domain and openly licensed works. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty.

Public Domain

Public Domain Licensing Copyright Related Rights

Are the Needs of Research Reflected in Copyright Decision-Making? An analysis of Copyright Councils & Consultations – Part I

Kluwer Copyright Blog

FEBRUARY 19, 2025

Image by Peter Mello via Flickr The interests of research are not necessarily heard or represented when decisions are being made about copyright laws that affect them. Part one of this two-part blog introduces the issues and looks at the composition of formal copyright councils around Europe, where these exist.

Copyright

Copyright Copyright Law Blogging Law

Potential Impact on Major Pirate Sites as Vietnam ISPs Face New Responsibilities

TorrentFreak

MAY 12, 2023

. “The long, detailed section in copyright assessment is also expected to pave the way for the growth of the currently limited copyright assessment services in Vietnam.” ” Hollywood studios and publishers of Japanese anime and manga have long complained of difficulties enforcing their rights in Vietnam.

Intellectual Property Law

Intellectual Property Law Intellectual Property Copyright Infringement Copyright

Never Too Late: If you missed the IPKat last week!

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. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

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Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Kluwer Copyright Blog

OCTOBER 23, 2024

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA). [1] In those six Member States where SPRs do exist, the rules regarding the conditions and scope of the right vary considerably.

Publishing

Publishing Journalism Copyright Editing

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

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

Licensing Publishing Related Rights Law

Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

Velocity of Content

JANUARY 7, 2025

2 Licensing enables copyright owners and users to come together in a mutually beneficial manner, helping the market function more efficiently and responsibly. There is no single global copyright law, and countries vary significantly in their approach to copyright and AI-related issues like text and data mining and transparency.

Copyright

Copyright Licensing Fair Use Journalism

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

The Act mandated the creation of two Collective Management Organizations, or CMAs, one for representing the interests of the authors and the other to safeguard the interests of related rights owners. The Act further lays down the limitations on copyrights, provides and establishes penalties for infringement. Conventus Law.

Music

Music Copyright Copyright Infringement Moral Rights

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

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

Friday Fantasies

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

Intellectual Property Intellectual Property Law Contracts IP

The WIPO Files II: is international lawmaking on copyright still possible?

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. Image by Ag Ku via Pixabay. This was the first time since the COVID-19 pandemic started that most of the delegates were reunited in person.

Copyright

Copyright Intellectual Property Publishing Reporting

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

Portugal strengthens copyright protection on the Internet

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

Copyright Related Rights Ownership Law

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

JANUARY 31, 2023

YouTube II ” concerned the infringement of the right of communication to the public as per Article 3 of the Copyright Directive (2001/29) in relation to copyright and related rights in various music tracks. Facts The BGH decisions were based on different factual situations.

Copyright Law

Copyright Law Copyright Law Copyright Infringement

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

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. Simple photographs.

Copyright

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

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

Contracts Intellectual Property Cinema Copying

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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 ). 51B (para.

Publishing

Publishing Art Related Rights Marketing

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

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

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Kluwer Copyright Blog

FEBRUARY 12, 2023

In fact, until 2017, when the Decree-Law No. 148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. 633 of 1941). 35/2017, whose Art.

Copyright

Copyright Law Marketing Marketing

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

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”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.

Art

Art Copyright Law Copyright Music

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

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

Publishing Intellectual Property Law Intellectual Property Related Rights

[Guest post] New Ukrainian Law on Copyright and Related Rights

Under a New EU-Focused Copyright Law, Musical Artists Currently Earn *Nothing*

Trending Sources

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

EU copyright law round up – fourth trimester of 2021

The EU AI Act has been published

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

EU copyright law round up – first trimester of 2022

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

European Copyright Directive: Which Stage is the European Union At?

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

EU copyright law round up – second trimester of 2023

EU copyright law round up – third trimester of 2021

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Key 2023 update: EU Directive implemented in Greek copyright law

AI and copyright in 2022

UK Government axes plans to broaden existing text and data mining exception

2H 2022 Quick Links, Part 3 (Copyrights and More)

A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works

Are the Needs of Research Reflected in Copyright Decision-Making? An analysis of Copyright Councils & Consultations – Part I

Potential Impact on Major Pirate Sites as Vietnam ISPs Face New Responsibilities

Never Too Late: If you missed the IPKat last week!

Protection of Nonfungible Tokens in Indonesia

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

Top 10 Posts on the Kluwer Copyright Blog in 2022

Friday Fantasies

The WIPO Files II: is international lawmaking on copyright still possible?

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Portugal strengthens copyright protection on the Internet

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

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Under a New EU-Focused Copyright Law, Musical Artists Currently Earn Nothing