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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Copyright Copyright Law Art Copyright Infringement 74

SpicyIP

FEBRUARY 10, 2024

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content.

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Moral Rights Copyright Infringement Related Rights Government 92

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

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Music Copyright Copyright Infringement Moral Rights 78

Plagiarism Today

JULY 26, 2022

1: Court of Appeals Rules That a Timely Filed Copyright Infringement Lawsuit Can Recover All Damages, No Matter How Long Ago They Occurred. 3: Authors Advised to Lodge Police Complaints on Copyright Violations. However, according to the government, the DCRR is strictly for recording copyright and is not responsible for enforcement.

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Settlement Copyright Infringement Reporting Plagiarism 214

The IPKat

OCTOBER 25, 2023

When the negotiations failed, the ONB turned to the Belgian government, asking it to issue a Royal Decree that would set the amount of remuneration due to ONB musicians. The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021.

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Related Rights Art Journalism Government 128

Kluwer Copyright Blog

MAY 28, 2024

Image via Pixabay The AI Law Proposal: general context and subject matter On 23 April 2024, the Italian government published the text of a draft law introducing regulatory provisions concerning the use of Artificial Intelligence systems to the Italian legal system (“AI Law Proposal”) ( here ).

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Law Copyright Art Government 60

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive. Copyright Office on August 30. Opting out – but how?

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Copyright Fair Use Publishing Reporting 98

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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Copyright Law Editing Related Rights 62

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. Photo by Markus Spiske on Unsplash. UKIPO, Consultation on AI and IP.

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Copyright Law Copyright Law Reporting 110

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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Copyright Art Designs Design 62

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. Since then, courts in the U.S.

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Copyright Blogging Fair Use Reporting 93

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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Government Database Right Intellectual Property Copyright 54

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. In this post, its author provides a brief outline.

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Copyright Ownership Journalism Publishing 104

azrights

AUGUST 11, 2022

As AI platforms like Midjourney , or Dall-E2 are widely adopted the question that is increasingly being asked is about the copyright position. It’s possible to create striking artistic images, music, poems and the like using Artificial Intelligence (AI) platforms so people naturally wonder who owns the rights in the output?

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Copyright Due Diligence Designs Design 97

The IPKat

AUGUST 11, 2022

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. This post reviews KECOBO’s advisory in the light of Kenya’s copyright law and policy. This is so for several reasons but this post highlights two.

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Social Media Copyright Copyright Law Due Diligence 93

TorrentFreak

MAY 12, 2023

At that point, however, implementation was still to be determined so, over the past few months, the government has been drafting decrees. Issued by the government in late April, Decree No. ” Hollywood studios and publishers of Japanese anime and manga have long complained of difficulties enforcing their rights in Vietnam.

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Intellectual Property Law Copyright Infringement Intellectual Property Copyright 121

Kluwer Copyright Blog

FEBRUARY 12, 2023

One of its main purposes is to set common minimum requirements regarding the governance, financial management, transparency and reporting of the CMO themselves (for an earlier analysis, see here ). Following the reform, other CMOs are allowed to manage copyright on behalf of authors and publishers. 633 of 1941). 35/2017, whose Art.

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Copyright Law Marketing Marketing 62

TorrentFreak

MAY 8, 2022

Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. The inclusion of a blocking paragraph in the copyright chapter of the trade deal was high on the agenda of various copyright holder groups. Site blocking has emerged as one of the preferred solutions.

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Intellectual Property Government Copyright Reporting 136

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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Music Copyright Derivative Work Ownership 62

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. MOCI Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 87

The IPKat

JANUARY 26, 2023

Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights , adopted in December 2022. This phenomenon illustrates the commercial potential of derivative works within the copyright system.

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Derivative Work Invention Registration Related Rights 73

TorrentFreak

SEPTEMBER 20, 2023

After a three-month introductory period, the new rules will start being enforced early October, including measures that govern advertising on the internet. From: TF , for the latest news on copyright battles, piracy and more.

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Advertising Advertising Law Intellectual Property 102

The IPKat

DECEMBER 15, 2022

The first 2 posts covered copyright and trade marks. In September , the Nigerian Government collaborated with WIPO to hold a national workshop for the validation of the Draft National Intellectual Property Policy and Strategy (draft IP Policy). Many have expressed mixed feelings on what was proposed vs what was adopted.

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IP Patent Intellectual Property Government 133

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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Art Contracts Publishing Licensing 101

TorrentFreak

APRIL 30, 2024

” Copyrights Trump Privacy Rights In its decision handed down Tuesday, initially only in French, the CJEU leaves no stone unturned in delivering a win for rightsholders. Data collected includes date and time of alleged infringement, IP address, peer-to-peer protocol, user pseudonym, details of copyright works, filename, ISP name.

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Privacy IP Related Rights Law 93

The IPKat

DECEMBER 3, 2023

Image via Pexels Research Grant – University of Udine The University of Udine has just launched an opportunity for a research grant on the topic: Italian copyright law after the EU Directive on copyright and related rights in the Digital Single Market, and its effects on cultural heritage. European experts, namely Prof.

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Privacy Copyright Related Rights Marketing 64

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.

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

MAY 26, 2022

263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. In addition, an action for annulment under Art.

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Law Intellectual Property Related Rights Art 57

The IPKat

DECEMBER 15, 2023

The first 2 posts covered copyright and trade marks. Also in January in Kenya, a call for public participation on the Draft Copyright Tribunal (Procedure) Regulations , 2022 was issued, allowing the public to review and comment. In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament.

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IP Intellectual Property Copyright Music 81

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

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Art Law Related Rights Marketing 85

Kluwer Copyright Blog

JANUARY 31, 2023

Under German law, there are no special rules governing liability in cases of intellectual property rights infringements. The situation was only different, according to the BGH, in the exceptional cases where providers intentionally collaborated with their customers to commit rights infringements. That has now changed.

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Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

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Copyright Licensing Art Publishing 52

The IPKat

NOVEMBER 9, 2021

As to Sweden, a government inquiry was initiated last year and completed earlier this autumn. Once the memorandum is scrutinized it will be sent back to the Government and the Council on Legislation. The draft text specifies that the latter must be exercised in accordance with “ high industry standards of professional diligence ”.

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Government Copyright Related Rights Law 137

IIPRD

NOVEMBER 23, 2022

Recent advances in the technical field of quantum technologies have not only experienced high amount of attention in information science and software engineering disciplines but also gained a wide interest of government due to its complexity and global significance. What kinds of IP related rights would apply to quantum computing technology?

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Intellectual Property Technology Intellectual Property Law Public Domain 52

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This litigation has arisen amongst a flurry of recent interest in AI generated works.

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Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

JANUARY 25, 2022

Especially in times of change, they serve as guiding principles for citizens, governments and, if push comes to shove, the judiciary. It introduced new roles for actors who constitute the infrastructure of the internet and entrusted them with tasks that directly affect the fundamental rights of users online.

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Copyright Intellectual Property Copyright Law Law 57

Kluwer Copyright Blog

MAY 18, 2022

This part II discusses the growth of public regulators as a check on the rise of private power in the online environment, addresses new institutional arrangements in the EU for regulating conduct online, and highlights our proposal for a new EU copyright institution. A New EU Copyright Institution.

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Copyright Marketing Marketing Law 52