Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second 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. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. United States Copyright Office, Copyright Protections for Press Publishers.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

The IPKat

MARCH 18, 2023

As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 1.

Database Right 52

Database Right Licensing Public Domain Artwork 52

The IPKat

FEBRUARY 4, 2022

The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s database right jurisprudence.

Cease and Desist 92

Cease and Desist Database Right Litigation Marketing 92

Kluwer Copyright Blog

MARCH 4, 2022

But for anyone who had expected the Data Act to include a revision of the Database Directive — an ambition that the Commission had signalled in both the 2020 Data Strategy and the 2020 Intellectual Property Action Plan — the final proposal will be a major disappointment. A right that shall not be exercised.

Database Right 80

Database Right Intellectual Property Due Diligence Government 80

Kluwer Copyright Blog

JUNE 29, 2023

Summary In the case of Wright & Ors v BTC Core & Ors [2023] EWHC 222 the High Court was faced with a technical copyright question about whether literary copyright can subsist in the file format used for the Bitcoin System (the “ Bitcoin File Format ”). 3(2) Copyright Designs and Patents Act 1988 (the “ Act ”).

Database Right 104

Database Right Copyright Editing Technology 104

Kluwer Copyright Blog

JUNE 17, 2021

In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis database right. This judgment thus breaks this trend and gives a more measured and mature view of the right. One way or another, it will be interesting. [1]

Database Right 52

Database Right Law Copyright Law Advertising 52

Kluwer Copyright Blog

JANUARY 16, 2025

Photo by Matt Popovich on Unsplash Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. The Publishers argue that this infringes their exclusive rights to reproduction and to making available their work to the public.

Publishing 59

Publishing Copyright Database Right Marketing 59

The IPKat

OCTOBER 6, 2024

The scope of TDM exceptions: extraction and reproduction Like the corresponding EU provisions, the German sections considered by the court are exceptions to specified restricted acts under copyright and other rights: Like Art. In turn, the copying of even a seemingly simple picture may trigger the right of reproduction. (2)

Art 137

Art Copyright Database Right Copying 137

Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. A vanishing right? Factfulness, p.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

DECEMBER 12, 2021

Those versed in the intersection between IP rights and technology know that computer programs protection has always caused inevitable frictions IP law. Additionally, all proprietary and open source software licensing rely on copyright protection. Nevertheless, when one considers ML models, the first issue is conceptualising them.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

The IPKat

JULY 30, 2023

This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Now in its second edition, the book offers a primer on copyright-related challenges that artificial intelligence (AI) presents.

Art 52

Art Copyright Database Right Public Domain 52

Kluwer Copyright Blog

AUGUST 18, 2021

For public sector bodies — producers and holders of vast quantities of data — as well as for the companies that act as suppliers, the sui generis database right has been slowly eroded since 2003. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government 59

Government Database Right Intellectual Property Copyright 59

The IPKat

MARCH 6, 2022

COPYRIGHT Networked and interoperable devices have proliferated over the past two decades, and the advent of cloud services has created a standard for data sharing. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise. The Kluwer Copyright Blog provides an overview of the structure of this national law.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

Kluwer Copyright Blog

JUNE 28, 2022

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

IAM Magazine

JUNE 29, 2022

Moves announced after consultation will affect copyright and database rights, but leave status quo in place for inventorship.

Database Right 98

Database Right IP Copyright 98

Kluwer Copyright Blog

JANUARY 17, 2024

Much has been written about the legal challenges and qualifications of the training process (knowing whether it’s legally permissible to train these models on copyright-protected material) and the outputs of these models (especially if there is copyright in the results generated) see here , here , here and here.

Copyright 83

Copyright Database Right Music Intellectual Property Law 83

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 consultation closed in the beginning of January 2022. This is now set to change.

Government 95

Government Intellectual Property Licensing Copyright 95

LexBlog IP

APRIL 25, 2023

The Intellectual Property Office (“IPO”) “will produce a code of practice by the summer which will provide guidance to support AI firms to access copyrighted work as an input to their models, whilst ensuring there are protections (e.g. labelling) on generated output to support right holders of copyrighted work.

Technology 52

Technology Government Reporting Intellectual Property 52

LexBlog IP

DECEMBER 12, 2023

This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

IP 52

IP Database Right Intellectual Property Copyright 52

Barry Sookman

DECEMBER 5, 2021

'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. UK law on database rights post brexit, Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [202… [link] 2021-12-02. link] 2021-12-02.

Database Right 45

Database Right Privacy Copyright Law Advertising 45

IAM Magazine

JUNE 29, 2022

Moves announced after consultation will affect copyright and database rights, but leave status quo in place for inventorship

Database Right 52

Database Right IP Copyright 52

The IPKat

OCTOBER 20, 2022

Is the operator of a streaming platform liable for copyright infringement if users of its service use a VPN to access content that in principle would not be accessible from a certain territory, given geo-blocking restrictions implemented by the platform operator? Access attempt.

Copyright 52

Copyright Database Right Copyright Infringement Copyright Law 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

The IPKat

JANUARY 25, 2025

The Guidelines are overall quite intriguing, including having regard to copyright under Article 7. But, before we jump onto copyright, a small yet key notation is warranted. So, lets see what the Vatican AI Guidelines say regarding copyright. the sui generis database right). CXCVII, Sept.

Ownership 140

Ownership Copyright Music Moral Rights 140

The IPKat

DECEMBER 20, 2024

Earlier this week, the IPKat announced the release of the long-awaited UK consultation on Artificial Intelligence (AI) and copyright. Although this consultation concentrates on copyright specifically, these bigger issues are also at stake. Now, we are pleased to host a further commentary by Angela Daly (University of Dundee).

Copyright 62

Copyright Government Copyright Law Art 62