Copyright, Licensing and Related Rights - Intellectual Property Pulse

[Guest post] New Ukrainian Law on Copyright and Related Rights

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.

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

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.

A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works

Kluwer Copyright Blog

SEPTEMBER 23, 2021

We have recently published a white paper , authored by Julia Reda ( Gesellschaft für Freiheitsrechte ) and Paul Keller ( Open Future ) that proposes to build a public repository of Public Domain and openly licensed works. This provision was added later in the negotiations to address widespread criticism from civil society and academia.

Public Domain

Public Domain Licensing Copyright Related Rights

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

The IPKat

JULY 15, 2024

The IPKat has received and is pleased to host the following contribution by former GuestKat Mirko Brüß (Brüß Law) analyzing two recent decisions of the Court of Justice of the European Union (CJEU) on the evergreen right of communication to the public. Here’s what he writes: CJEU: New licensing rules for the provision of guest TVs in Germany?

Licensing

Licensing Television Marketing Marketing

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

NOVEMBER 10, 2021

There is a constant debate of balancing the monopolistic rights against the right of public access to essential commodities like pharmaceuticals and medical products. This is where the concept of compulsory licensing gains popular attention. What is Compulsory Licensing? Reasons for Granting Compulsory License.

Licensing

Licensing Invention Intellectual Property Marketing

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.

Copyright

Copyright Art Fair Use Registration

How artificial intelligence works in relation to copyright

The IPKat

DECEMBER 2, 2022

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs.

Copyright

The Portuguese Government completes the transposition of the new European Copyright Directive

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.

Government

Government Copyright Related Rights Licensing

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

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

Music Copyright Copyright Infringement Moral Rights

‘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).

Copying

Copying Copyright Law Copyright Social Media

3 Count: Time’s Side

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.

Settlement

Settlement Copyright Infringement Reporting Plagiarism

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

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

Copyright Ownership Journalism Publishing

Generative AI and copyright: Convergence of opt-outs?

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

Copyright Fair Use Publishing Reporting

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.

Copyright Law

Copyright Law Law Copyright Television

2H 2022 Quick Links, Part 3 (Copyrights and More)

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

Copyright Social Media Copyright Infringement Publishing

SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

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.

Moral Rights

Moral Rights Copyright Infringement Related Rights Government

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright

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.

Copyright

Copyright Publishing Journalism Art

European Copyright Directive: Which Stage is the European Union At?

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. The European Parliament and Council’s decision to adopt directives on copyright law, as opposed to regulations, is consistent with the dynamic character of copyright law.

Copyright

Copyright Copyright Law Due Diligence Law

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.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

The Five Essential Copyright-Related Terms You Need to Know

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. However, it is undoubtedly imperative for online content creators to know the ABCs of copyright terminology for safeguarding their unique content.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

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

Copyright Law

Copyright Law Copyright Law Reporting

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

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). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.

Copyright

Delhi High Court clears the air around Copyright of Satyajit Ray’s ‘Nayak’

SpicyIP

JUNE 2, 2023

D Bansal, alleged that the novelization of the screenplay and the publication of the novel is in violation of the plaintiff’s copyright as per Section 51 of the Copyright Act. The First Owner of the Copyright of a Screenplay in a Film – the Author or the Producer?

Copyright

Copyright Ownership Contracts Publishing

What is the Copyright Status of AI Generated Works?

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?

Copyright

Copyright Due Diligence Design Designs

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

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).

Copyright

Copyright Licensing Art Publishing

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”.

Art

Art Contracts Publishing Licensing

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.

Licensing

Licensing Publishing Related Rights Law

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government

Government Related Rights Copyright Law

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

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). They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation.

Publishing

Publishing Art Licensing Confidentiality

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).

Contracts

Contracts Copyright Law Cease and Desist

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). 17 (4), a).

Music

Music Art Copyright Related Rights

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third 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 AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Television

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Kluwer Copyright Blog

DECEMBER 12, 2021

Those versed in the intersection between IP rights and technology know that computer programs protection has always caused inevitable frictions IP law. Additionally, all proprietary and open source software licensing rely on copyright protection. ML models are learners that generate an output by making inferences from data.

Copyright

Copyright Public Domain Intellectual Property Database Right

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). Licensing the PPR.

Reporting

Reporting Marketing Marketing Copyright

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.

Publishing

Publishing Journalism Copyright Editing

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

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. 102, outline the criteria for Collective Management Organizations to determine license fees for music usage.

IP

IP Intellectual Property Copyright Music

Around the IP Blogs

The IPKat

MAY 31, 2022

Cat in the Box " by admiller is licensed under CC BY 2.0. TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. But for how long will UK-based rights continue to play a role in deciding EU trade mark disputes? Can a slogan be protected by copyright?

Blogging

Blogging Non-Fungible Tokens IP Reporting

AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

The IPKat

NOVEMBER 10, 2024

The musicians contend that this interpretation discriminates against statutory performers, potentially violating EU copyright directives. Conformity with Directive 2001/2 and Directive 2006/115 The AG first reminded that, in light of international treaties and the EU acquis, performers’ rights are exclusive rights and not remuneration rights.

Law

Law Contracts Art Government

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.

Related Rights

Related Rights Licensing Law Copyright

Case study: “copyright-free” in-store music and collective management

LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. For more information on the collective management of copyright and neighbouring rights in Greece, click here.

Music

Music Copyright Television Related Rights

Wednesday whimsies

The IPKat

JANUARY 31, 2024

In-person event on standard essential patents (SEPs) in Turin The Italian branch of the Licensing Executives Society (LES) is holding a one-day event on SEPs and their upcoming reform. The event will take place on February 27 and the registration is available here. The conference, to be held in Italian, will take place in Turin on February 5.

Intellectual Property

Intellectual Property Editing Registration IP

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).

Intellectual Property

Intellectual Property Publishing Copyright Technology

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. Click here and here to know more. Click here to know more. More information here.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

[Guest post] New Ukrainian Law on Copyright and Related Rights

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

Trending Sources

A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

Understanding Compulsory Licensing and Access to Essentials

AI and copyright in 2022

How artificial intelligence works in relation to copyright

The Portuguese Government completes the transposition of the new European Copyright Directive

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

3 Count: Time’s Side

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Generative AI and copyright: Convergence of opt-outs?

Key 2023 update: EU Directive implemented in Greek copyright law

2H 2022 Quick Links, Part 3 (Copyrights and More)

SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

European Copyright Directive: Which Stage is the European Union At?

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

The Five Essential Copyright-Related Terms You Need to Know

EU copyright law round up – fourth trimester of 2021

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

Delhi High Court clears the air around Copyright of Satyajit Ray’s ‘Nayak’

What is the Copyright Status of AI Generated Works?

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

A summary look at the Portuguese transposition of the CDSM Directive

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

UK Government axes plans to broaden existing text and data mining exception

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

EU copyright law round up – third trimester of 2021

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

Around the IP Blogs

AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

Establishment and operation of CMOs in Greece

Case study: “copyright-free” in-store music and collective management

Wednesday whimsies

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

Friday Fantasies

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