IPKat Book of the Year Awards 2024
The IPKat
DECEMBER 19, 2024
The IPKat is thrilled to announce the launch of the 2024 Book of the Year Awards, continuing its cherished end-of-year tradition!
Copyright Editing Related Rights 
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. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.)
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Book review: International Copyright and Neighbouring Rights
The IPKat
MARCH 13, 2023
This is a review of the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond , by Sam Ricketson (Emeritus Professor, Melbourne Law School, University of Melbourne) and Jane Ginsburg (Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School).
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Vietnam Convicts Pirate Site Operators; a Rare Case Completed in Record Time
TorrentFreak
JULY 16, 2024
Trio on Trial The men faced trial at the People’s Court of Quang Binh province starting July 11, with local media confirming charges of “Infringement of copyright and related rights” under Article 225 of the Penal Code. From: TF , for the latest news on copyright battles, piracy and more.
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Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar
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).
Protecting Commercial AI Rights Is Harder Than You Think – EU Edition
Velocity of Content
FEBRUARY 7, 2024
In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. Is a copyright notice sufficient? What about the words “all rights reserved?”
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Hope For Hollywood? Vietnam Police Raid Movie Piracy Group, Three Arrested
TorrentFreak
JANUARY 10, 2024
Police say Huy and Nhan were tasked with downloading, editing and distributing movies, but offered no specific details in relation to that work. Anti-piracy PSA from Vietnam From: TF , for the latest news on copyright battles, piracy and more.
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Saturday Sundries
The IPKat
JANUARY 18, 2025
Vote here for your favourite books in the categories of patents, copyright (incl., related rights, performers rights), trade marks (incl., geographical indications), designs, best foreign language/non-English IP book and IP in general (books covering diverse IP rights). IPKat Book of the Year Awards 2024.
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. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.
Book review: Guidebook to Intellectual Property + discount code
The IPKat
MARCH 18, 2023
This is a review of Guidebook to Intellectual Property (seventh edition) authored by Sir Robin Jacob (8 New Square and UCL, Matthew Fisher (UCL) and Lynne Chave (UCL). The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.
Collective management of copyright and neighbouring rights in Greece
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.
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Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school
Kluwer Copyright Blog
MARCH 24, 2022
The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.
Copyright versus privacy: the CJEU rules that access by a public authority to data associated with an IP address can be justified
Kluwer Copyright Blog
SEPTEMBER 8, 2024
The possibility of linking such data with files containing information that reveals the title of protected works, in cases where the same person repeats an activity infringing copyright or related rights, must be subject to review by a court or an independent administrative body.
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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 and here to know more. Click here to know more. More information here.
Case study: “copyright-free” in-store music and collective management
LexBlog IP
JANUARY 12, 2022
In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. For more information on the collective management of copyright and neighbouring rights in Greece, click here.
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AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence
Kluwer Copyright Blog
DECEMBER 1, 2021
On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Photo by Rock’n Roll Monkey on Unsplash.
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[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries
The IPKat
MAY 22, 2023
This post is brought to you by Oprah Nwobike , who is a lawyer and doctoral researcher at Brunel University London focusing on copyright and artificial intelligence in the music industry, under the supervision of IPKat's Dr Hayleigh Bosher. This has become a lingering question in the minds of consumers of online content.
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Whither a Signal-Based Broadcast Treaty?
Kluwer Copyright Blog
APRIL 18, 2024
Copyright: WIPO. of the draft allows a contracting Party to limit the rights of a broadcasting organization from another contracting party, when that contracting party provides fewer rights. Requires right to prevent the retransmission of a programme that has been stored after its original linear transmission.
UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)
Kluwer Copyright Blog
MARCH 14, 2022
Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). Photo by Possessed Photography on Unsplash. or should they go?
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Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate
LexBlog IP
MAY 4, 2022
The matter was brought in the past before the Greek Copyright Organisation (OPI) and the parties following negotiations found a temporary and partial solution. GEA argued that this gave it the right to collect equitable remuneration for the broadcast of the works under article 49 of the Greek Copyright Law.
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Athens court rules on moral damages in software infringement case
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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Protection of Trademarks in Cambodia
IP and Legal Filings
NOVEMBER 1, 2022
Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.
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Court clarifies process for CMO equitable remuneration
LexBlog IP
NOVEMBER 8, 2023
Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This article was originally edited by, and first published on, www.lexology.com.
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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.
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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement
Kluwer Copyright Blog
NOVEMBER 24, 2021
Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Protection of technical measures (Section 95a UrhG).
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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
Related rights. In addition to rights of the author, German copyright law also recognises related rights. With regard to Section 51 UrhG, the BGH ruled that the right of quotation does not require that the person using the quote critically examines the appropriated work to a significant extent.
The WIPO Files I: the quest to protect user rights
Kluwer Copyright Blog
NOVEMBER 15, 2021
For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This is the first of a series of blog posts on copyright reform at WIPO. Intellectual Property Law in China, 2nd edition.
Copyright law and football matches: impossible to match? (Part II)
Kluwer Copyright Blog
JANUARY 5, 2022
This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters.
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AI and copyright in 2022
Kluwer Copyright Blog
FEBRUARY 2, 2023
This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.
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Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries
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. The study was commissioned by Copyright 4 Creativity , but written in complete academic independence.
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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
In the complicated landscape of genAI and copyright law, several different themes have emerged as particularly thorny and triggering the interests of different stakeholders. The roundtable is part of IBILs series on genAI and copyright. In copyright law terms, very often that data could correspond to individual human expression.
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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. Section 53A).
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A summary look at the Portuguese transposition of the CDSM Directive
Kluwer Copyright Blog
JUNE 27, 2023
In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.
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Copyright law and football matches: impossible to match? (Part I)
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?” But, could they be considered as works in the sense of European copyright law? Nonetheless, the most important question from a copyright law perspective is whether the game as a whole could be protected as a work.
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The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test
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.
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Sunday Surprises
The IPKat
MAY 22, 2022
26 May 2022 | 18:15 (BST) | BLACA | Seminar: “ Time for a new Copyright Act? ” (in-person) The British Literary & Artistic Copyright Association, BLACA, is organising an event on whether the United Kingdom needs a new copyright Act. Registrations for the event will close on May 24 at this link.
Copyright and the meta-regulation of intermediary services and artificial intelligence
Kluwer Copyright Blog
JUNE 13, 2024
These overall aims also include the protection of copyright and related rights. the GPT models of Open AI) will have to “put in place a policy to comply with Union copyright law” and “draw up and make publicly available a sufficiently detailed summary about the content used for training” of the AI model. 34 and 35 DSA).
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ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules
Kluwer Copyright Blog
DECEMBER 12, 2022
The new copyright rules relevant to “Big Deals”. Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Under the law of copyright, the authors of works of science are the copyright owners of their published articles.
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Does food flavouring constitute a “work”?
LexBlog IP
AUGUST 30, 2023
However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. It defines the extent of protection.
Establishment and operation of CMOs in Greece
LexBlog IP
OCTOBER 13, 2021
Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.
The journalists’ share
Kluwer Copyright Blog
JULY 11, 2024
Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. A dispute in Malta can be referred to the Copyright Board, and one in the Netherlands , to the Dispute Committee. While it is art.
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AI Music Outputs: Challenges to the Copyright Legal Framework – Part I
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.
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Artificial Intelligence and copyright: the Italian AI Law Proposal
Kluwer Copyright Blog
MAY 28, 2024
Furthermore, the AI Law Proposal introduces some dedicated provisions on copyright and media-related matters, which are the focus of this post. AI Law Proposal and provisions relevant for copyright In Article 24 of the AI Law Proposal, amendments are proposed to Article 1 of the Italian Copyright Law ( Law 22 April 1941, n.
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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.
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