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 
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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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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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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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 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.
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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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: Performers' Rights
The IPKat
JANUARY 21, 2022
The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights.
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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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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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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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EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024
Kluwer Copyright Blog
JANUARY 23, 2024
It does seem like the topic of AI and copyright was everywhere in the copyright world last year. 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.
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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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.
‘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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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).
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 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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Member States referred to the CJEU for failure to transpose copyright directives into national law
Kluwer Copyright Blog
MARCH 15, 2023
Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).
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Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België
Kluwer Copyright Blog
MAY 1, 2024
Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin.
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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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AI Music Outputs: Challenges to the Copyright Legal Framework – Part II
Kluwer Copyright Blog
APRIL 24, 2022
This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.
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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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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. 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.
Is the Italian Legislation on Collective Copyright Management compliant with EU Law?
Kluwer Copyright Blog
FEBRUARY 12, 2023
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. Following the reform, other CMOs are allowed to manage copyright on behalf of authors and publishers. 633 of 1941).
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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.
Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?
Kluwer Copyright Blog
NOVEMBER 11, 2021
17 CDSMD establishes that online content sharing service providers (OCSSPs) perform an act of communication to the public or an act of making available to the public – for the purposes of that Directive – when they give public access to copyright-protected content uploaded by their users. Intellectual Property Law in China, 2nd edition.
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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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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.
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.
NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I
Kluwer Copyright Blog
JUNE 19, 2023
However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.
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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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.
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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Wednesday whimsies
The IPKat
JANUARY 31, 2024
The New York edition will take place on February 21, and the Washington edition is planned for February 23. Until March 13, the Spanish Instituto de Autor is awaiting submissions on copyright and related rights, written in Spanish, to the 11th Antonio Delgado Award. See here for further details.
ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles
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.
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Never Too Late: If you missed the IPKat last week!
The IPKat
DECEMBER 23, 2023
The case relates to a trade mark application to register the word mark 'BASMATI' for rice, which is being opposed on the basis of the UK law of passing off. Copyright and Designs Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023.
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. To introduce a mechanism of extended copyright licensing.
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 Orphan Works Directive is broken but the Commission won’t fix it!
Kluwer Copyright Blog
MARCH 21, 2023
The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. As a result, the impossibility to disseminate valuable cultural heritage remained.
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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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