Velocity of Content

JANUARY 7, 2025

The following is an excerpt from the article The Heart of the Matter: Copyright, AI Training, and LLMs, authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. 1 Where does the law come down on the creation of LLMs, both in the input and output of existing copyrighted materials?

Copyright 52

Copyright Licensing Fair Use Journalism 52

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 145

Copyright Art Registration Fair Use 145

Kluwer Copyright Blog

FEBRUARY 19, 2025

Image by Peter Mello via Flickr The interests of research are not necessarily heard or represented when decisions are being made about copyright laws that affect them. Part one of this two-part blog introduces the issues and looks at the composition of formal copyright councils around Europe, where these exist.

Copyright 59

Copyright Copyright Law Blogging Law 59

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 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

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 246

Settlement Copyright Infringement Reporting Copyright 246

Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters.

Copyright Law 124

Copyright Law Copyright Law Graphic Design 124

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.

Related Rights 81

Related Rights Publishing Licensing Contracts 81

Kluwer Copyright Blog

JANUARY 4, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” But, could they be considered as works in the sense of European copyright law? Nonetheless, the most important question from a copyright law perspective is whether the game as a whole could be protected as a work.

Copyright Law 130

Copyright Law Copyright Law Intellectual Property 130

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The copyright in these two titles expired at the beginning of 2021. Photo by Markus Spiske on Unsplash. You can read the previous round-ups here. Stay tuned!

Copyright Law 119

Copyright Law Copyright Law Music 119

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. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.)

Copyright Law 121

Copyright Law Law Copyright Reporting 121

TorrentFreak

NOVEMBER 13, 2024

Phan Thanh Cong and Nguyen Tuan Anh will be prosecuted for infringement of copyright and related rights under Clause 2, Section 225, Penal Code 2015. From: TF , for the latest news on copyright battles, piracy and more.

Copying 117

Copying Related Rights Copyright Reporting 117

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 Brands 52

TorrentFreak

DECEMBER 20, 2024

There are plenty of options for copyright holders to frustrate pirate site operations, but attacking their domain names is particularly effective. The anti-piracy group goes on to mention that pirate IPTV services infringe copyrights. This is a terms of service violation, but not one related to copyright. But were they?

Reporting 107

Reporting Registration Copyright Related Rights 107

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

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 105

Copyright Copyright Law Due Diligence Law 105

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. With regard to Section 51 UrhG, the BGH ruled that the right of quotation does not require that the person using the quote critically examines the appropriated work to a significant extent.

Related Rights 52

Related Rights Law Copyright Copying 52

Kluwer Copyright Blog

JANUARY 23, 2024

It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

Copyright Infringement 127

Copyright Infringement Copyright Law Journalism 127

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

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. €

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

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

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

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

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

The IPKat

JULY 12, 2024

While the AI Act is not IP-specific legislation, it will have a substantial impact on it, notably copyright and trade secrets. It covers a wide range of areas, from health and safety to CE marking and copyright. IP-related impact Recitals 104 to 109 and Article 53 have a direct impact on copyright.

Publishing 126

Publishing Related Rights Copyright Marketing 126

The IPKat

SEPTEMBER 15, 2024

The original work and its alleged parody Further to the dismissal of the copyright and trade mark claims but not the entirety of the action on appeal, the defendant filed an extraordinary appeal. In so doing, the Supreme Court tackled 3 key issues under EU copyright law – specifically: the InfoSoc Directive.

Copyright 117

Copyright Copying Social Media Law 117

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

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.

Copyright 105

Copyright Related Rights Reporting Intellectual Property 105

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 98

Contracts Copyright Law Cease and Desist 98

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 104

Copyright Ownership Contracts Publishing 104

The IPKat

OCTOBER 25, 2023

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. 205 of the Belgian Code of Economic Law (that regulates rights of performers), Belgian Constitution , art. As such, it would be contrary to EU copyright directives.

Related Rights 130

Related Rights Art Journalism Government 130

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 97

Copyright Due Diligence Designs Design 97

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

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

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 141

Government Related Rights Copyright Law 141

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).

Copyright 83

Copyright Art Copyright Law Copyright Infringement 83

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.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93