Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Wallster, Inc. Redbubble, Inc., LEXIS 198181 (C.D.

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Copyright Social Media Copyright Infringement Publishing 94

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. For instance, copyright protection has been denied to photographs taken by paparazzi and photographs of sport events.

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Copyright Related Rights Artistic Work Public Domain 55

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

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Copyright Related Rights Reporting Intellectual Property 103

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. Audiovisual works are excluded.

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Copyright Law Law Copyright Television 52

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

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The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

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Copyright Related Rights Law Copyright Law 106

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 80

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. The first of this series of blog posts on copyright reform at WIPO analyzes the history of the discussions on L&Es. Image by Ag Ku via Pixabay.

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Copyright Intellectual Property Publishing Reporting 102

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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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 105

TorrentFreak

SEPTEMBER 20, 2023

Transparency on Eligibility According to WIPO, participants in the WIPO Alert program provide information on the criteria and procedures that result in a domain appearing on their respective national blacklists before being placed on WIPO Alert. From: TF , for the latest news on copyright battles, piracy and more.

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Advertising Advertising Law Intellectual Property 103

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 64

TorrentFreak

MAY 12, 2023

17/2023/ND-CP offers guidance on various copyright matters related to ISP liability and enforcement measures, including disclosure of customer information. “The long, detailed section in copyright assessment is also expected to pave the way for the growth of the currently limited copyright assessment services in Vietnam.”

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Intellectual Property Law Copyright Infringement Intellectual Property Copyright 121

TorrentFreak

MARCH 28, 2024

In that respect, matters related to intellectual property require the closest attention. From: TF , for the latest news on copyright battles, piracy and more. Yet for a country being consumed by war, Ukraine is still taking time to plan for a future in the EU. This is also a confident step towards Ukraine’s European integration.”

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Intellectual Property Related Rights Copyright Advertising 108

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. More from our authors: Law of Raw Data. by Christopher Heath. €

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Intellectual Property Related Rights Intellectual Property Law Copyright 145

The IPKat

SEPTEMBER 19, 2021

Patents PermaKat Annsley Merelle Ward informed about the UK litigation in Abbott v Dexcom, a patent dispute over glucose monitoring devices for diabetes. Copyright SpecialKat Chijioke Okorie, our Africa Correspondent, discussed recent developments within the African Regional Intellectual Property Organisation (ARIPO).

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Related Rights Intellectual Property Registration Copyright 64

TorrentFreak

JANUARY 10, 2024

News that police in Vietnam have just arrested three men behind an illegal streaming operation could be a step in the right direction, even if MPA/ACE had bigger fish in mind when they visited Vietnam last summer. Anti-piracy PSA from Vietnam From: TF , for the latest news on copyright battles, piracy and more.

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Advertising Advertising Reporting Copying 91

The IPKat

FEBRUARY 3, 2023

While TDM may be performed in different ways, the key value of predictive TDM processes thus lies in facilitating the treatment, recombination, and extraction of further knowledge from large amounts of data and text, allowing the identification of patterns and associations between seemingly unrelated pieces of information.

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Government Related Rights Copyright Law 141

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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Copyright Related Rights Television Law 52

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.

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Copyright Intellectual Property Database Right Related Rights 52

The IPKat

APRIL 26, 2022

In those circumstances, the specific liability regime, established by the Directive, in respect of online content-sharing service providers, entails a limitation on the exercise of the right to freedom of expression and information of users of those content-sharing services.

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Intellectual Property Law Related Rights Copyright 145

TorrentFreak

JANUARY 16, 2024

Pursuant to our Copyright Policy, we cooperate with all requests to take down content that are used without permission from the rights-holder,” it explains. “By addressing this at an early stage, BREIN prevents the normalization of misuse of VR technology for infringement of copyright and related rights.

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Cinema Related Rights Technology Reporting 87

TorrentFreak

MARCH 22, 2024

“DoodStream operates a partner program that offers financial remuneration, either per download or stream depending on the country of origin,” the MPA informed the USTR in its ‘notorious markets’ submission. ” “The operators are located in India,” the MPA informed the USTR. 1 to 3 were masked.”

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LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. For comparison, U.S.

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Designs Design Copyright Artistic Work 52

Kluwer Copyright Blog

JANUARY 31, 2023

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements. That has now changed.

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Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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Copying Law Related Rights Copyright Law 55

IP and Legal Filings

OCTOBER 28, 2022

11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Government Regulation No. MOCI Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

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).

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Intellectual Property Publishing Copyright Technology 145

The IPKat

JANUARY 31, 2024

This year’s theme is AI’s impact on creation, innovation, content, IP rights and competition. For more information and registration details, see here. 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.

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The IPKat

NOVEMBER 9, 2021

However, a reason may also be that the legislator wanted to grant the Court of Justice of the European Union (CJEU) a larger scope of interpretation and therefore also increase copyright harmonization in the future. In this sense, critics have already voiced that this may be unduly restrictive of freedom of expression and information.

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Government Copyright Related Rights Law 137

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.

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Related Rights Licensing Law Copyright 98

TorrentFreak

DECEMBER 13, 2021

According to information from the working group, various categories of sites are excluded from the measure. “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 135

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.

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Public Domain Contracts Copyright Licensing 61

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

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.

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The IPKat

JUNE 26, 2022

Further information is available here. and Copyright in Graffiti and Street Art). The website of the event contains information about the programme and registration. Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents.

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Intellectual Property IP Registration Copyright 114

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted. We look forward to seeing you in Stockholm in early June!

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