The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. All this would serve to ‘foster the availability of reliable information’.

Related Rights 81

Related Rights Publishing Licensing Contracts 81

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 Branding Branding 52

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.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

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.

Reporting 133

Reporting Related Rights Publishing Copyright 133

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

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.

Copyright 110

Copyright Related Rights Law Copyright Law 110

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 105

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.

Copyright 108

Copyright Intellectual Property Publishing Reporting 108

Kluwer Copyright Blog

DECEMBER 14, 2022

Repair and maintenance information is often crucial for the repair of today’s increasingly complex and computerised products and devices. The InfoSoc Directive’s non-mandatory exception for the “uses in connection with the repair or demonstration of equipment” suggests an avenue for enabling wider access to repair information.

Copyright 105

Copyright Cease and Desist Fair Use Publishing 105

The IPKat

OCTOBER 6, 2024

The scope of TDM exceptions: extraction and reproduction Like the corresponding EU provisions, the German sections considered by the court are exceptions to specified restricted acts under copyright and other rights: Like Art. In turn, the copying of even a seemingly simple picture may trigger the right of reproduction. (2)

Art 137

Art Copyright Database Right Copying 137

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).

Copying 105

Copying Copyright Law Copyright Social Media 105

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.”

Intellectual Property Law 140

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 140

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.

Copyright 111

Copyright Ownership Journalism Publishing 111

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.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

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. Claim for information. Damages (Section 97(2) UrhG).

Contracts 98

Contracts Copyright Law Cease and Desist 98

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.

Copyright 130

Copyright Publishing Journalism Art 130

The IPKat

FEBRUARY 24, 2025

It will be co-organised by the Croatian and Hungarian national groups, and will be dedicated to the ownership and transfer of copyright and related rights. The findings of the evaluation will inform the decision on whether the legislation needs to be amended. See details and the portal for feedback here.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Ownership Related Rights 64

TorrentFreak

JULY 16, 2024

Information provided by the Quang Binh Provincial Police Department was soon confirmed by state-controlled media. Information relating to the alleged crimes, outlined by the authorities back in January, featured almost identically during the trial. From: TF , for the latest news on copyright battles, piracy and more.

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Advertising Advertising Reporting Editing 145

The IPKat

APRIL 8, 2023

by Deborah De Angelis On March 16th , Meta (the American information technology company which owns Facebook, Instagram, and WhatsApp) removed the music catalogue of SIAE, the Italian copyright collecting society, from its services due to the parties’ inability to reach an agreement to renew the pre-existing licence. 17 (4), a).

Music 130

Music Art Copyright Related Rights 130

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.

Advertising 124

Advertising Advertising Law Intellectual Property 124

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.

Blogging 95

Blogging Copyright Fair Use Reporting 95

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.

Intellectual Property 145

Intellectual Property Law Related Rights Copyright 145

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.

Government 141

Government Related Rights Copyright Law 141

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

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.

Related Rights 145

Related Rights Copying Copyright Government 145

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).

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

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.”

Intellectual Property 131

Intellectual Property Related Rights Copyright Advertising 131

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.

Government 137

Government Copyright Related Rights Law 137

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).

Copyright 72

Copyright Law Editing Related Rights 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.

Music 72

Music Copyright Derivative Work Ownership 72

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.

Advertising 117

Advertising Advertising Reporting Copying 117

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. This law shows once again the tension and concerns involved in balancing freedom of expression on the one hand with copyright protection on the other hand.

Copyright 52

Copyright Related Rights Ownership Law 52

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”.

Art 105

Art Contracts Publishing Licensing 105

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). More information here.

Intellectual Property 69

Intellectual Property IP Music Reporting 69

TorrentFreak

AUGUST 13, 2024

Like many other sites of this kind, it was frequently abused by pirates to share copyrighted content. The site didn’t agree with this decision and, as a countermeasure, informed users how the DNS blockades could be circumvented. From: TF , for the latest news on copyright battles, piracy and more.

Reporting 122

Reporting Copyright Related Rights Copyright Infringement 122

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.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

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 69