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 98

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.

Publishing 52

Publishing Reporting Brands Branding 52

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 130

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 Intellectual Property Copyright Infringement Copyright 140

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.

Intellectual Property 145

Intellectual Property Government Copyright Reporting 145

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 113

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 111

Garrigues Blog

SEPTEMBER 5, 2023

The long-awaited Portuguese transposition of the new Copyright Directive has finally been completed with the publication and entry into force of Decree-Law no. The CDADC imposes criminal penalties in cases of infringement, and disputes related to copyrights and neighboring rights are subject, in some cases, to mandatory arbitration.

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Government Copyright Related Rights Licensing 52

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 Design Designs 97

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 95

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 Art Copyright Law Copyright Infringement 83

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?

Copyright 98

Copyright Fair Use Publishing Reporting 98

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 134

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 72

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 59

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 126

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

TorrentFreak

DECEMBER 13, 2021

Examples include government sites, online media sources, social networks and legitimate video platforms. “It is understood that these resources are public and controlled by legal entities, which in case of violation of copyright or related rights may act as defendants in court,” the proposals read.

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Related Rights Copying Copyright Government 145

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 98

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

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 72

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.

Copyright 72

Copyright Art Design Designs 72

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 72

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 105

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

TorrentFreak

DECEMBER 16, 2022

Determined to reduce overall piracy, the UK government first asked and then threatened Google over pirate sites appearing in its search results. The Lithuanian Radio and Television Commission (RTCL) is an independent body, a regulator of broadcasters and video platforms, and the entity responsible for online copyright protection.

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Publishing Television Government Copyright 108

TorrentFreak

JUNE 3, 2023

In advance of Geshev being detained, the government had promised to “show no mercy” when targeting pirate site operators. Copyright infringement of any kind causes serious harm to local music ecosystems and diverts money away from those who create and invest in music.”

Music 144

Music Copyright Infringement Copyright Reporting 144

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 78

Kluwer Copyright Blog

NOVEMBER 11, 2021

Indeed, the Spanish transposition of the CDSM Directive , which was approved overnight by means of a Government Decree published on the 3 rd of November and which entered into force the following day, came with some surprises, including an apparent carve out from the liability exemption granted in Art. 17(4) of the CDSMD.

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Art Law Intellectual Property Intellectual Property Law 121

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 53

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.

Related Rights 98

Related Rights Law Licensing Copyright 98

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.

Intellectual Property 69

Intellectual Property IP Music Reporting 69

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

JULY 20, 2021

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

Copyright 105

Copyright Settlement Government Copyright Infringement 105

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 96

Contracts Intellectual Property Cinema Copying 96

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.

Law 64

Law Intellectual Property Related Rights Art 64

The IPKat

SEPTEMBER 26, 2024

15 of DSM Directive introduced a related right for press publishers to control the online uses of their press publications by information society service providers (ISSPs). 216/1 and XI.216/2) 216/2) Art.

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Publishing Art Licensing Confidentiality 129