Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Registration Fair Use 145

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. Service providers should put their “best efforts” to not only license the content shared on their websites, but also prevent the reuploading of content banned by notice and takedown procedures.

Copyright 105

Copyright Copyright Law Due Diligence Law 105

The IPKat

NOVEMBER 7, 2021

4iP Council - Licensing Negotiation Groups: what, why, how 4iP will hold an online webinar to discuss the proposed formation of Licensing Negotiation Groups (LNGs) of implementers that would collectively negotiate and license standard essential patents (SEPs). More information about the event and registration is available here.

Intellectual Property 80

Intellectual Property IP Registration Intellectual Property Law 80

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. It could be copyright infringement to continue serving photos from servers after the license expired. Buzzfeed, Inc. Evox Productions, LLC v.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

The IPKat

OCTOBER 4, 2022

its pattern, trade mark or design) to determine whether it is genuine or counterfeit. This issue has also raised the question of how to strike the right balance between the respective interests and rights of intellectual property owners on the one hand and amateur creators, users and content sharing services on the other.

Technology 119

Technology Publishing Social Media Intellectual Property 119

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The EU took the Intellectual Property route by introducing a related right under its copy right law.

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Publishing Marketing Marketing Advertising 105

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

azrights

AUGUST 11, 2022

From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes. Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s.

Copyright 97

Copyright Due Diligence Designs Design 97

The IPKat

SEPTEMBER 4, 2022

EUI - Florence Patent Licensing Academy - 3 to 6 October 2022 - Florence, Italy and online The Florence Patent Licensing Academy is organised by the Florence Competition Programme and the Florence School of Regulation – Communications and Media of the European University Institute. For more information and to register, click here.

Intellectual Property 85

Intellectual Property Registration IP Patent Drafting 85

Kluwer Copyright Blog

FEBRUARY 9, 2022

Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 12 DSM Directive). 12 DSM Directive).

Copyright 52

Copyright Licensing Art Publishing 52

Garrigues Blog

JUNE 26, 2024

This is a “by design” requirement which does not specify the appropriate tools for this purpose or how they should be used, leaving it up to individual providers to decide on the most appropriate method. This is unquestionably an advantage that providers should take into account when designing their systems.

Intellectual Property 59

Intellectual Property Confidentiality Content Creation Designs 59

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. Copyright License. A copyright license may also specify whether the pictures are for commercial or editorial use.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The Copyright, Designs and Patents Act 1988 defines a computer-generated work as a work generated by computer in circumstances such that there is no human author of the work. Text and data mining (TDM).

IP 75

IP Inventor Invention Intellectual Property 75

Kluwer Copyright Blog

MARCH 21, 2023

The ‘practical difficulties’ that the Commission acknowledges in its conclusions, which in our view stem from the regime designed in the OWD rather than the Member States’ implementation or practices, will continue to exist. The Directive will therefore continue to exist as it is, with no changes to its scope or its system.

Copyright 105

Copyright Marketing Marketing Licensing 105

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. Copyright: WIPO. Photo: Emmanuel Berrod.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

Kluwer Copyright Blog

OCTOBER 23, 2024

The SPR of EU-based researchers should apply even when the publishing contract designates the law of a non-EU country as applicable law. Binding nature The SPR should apply regardless of the copyright ownership of the publication, or of any contractual restriction in the publishing agreement.

Publishing 81

Publishing Journalism Copyright Editing 81

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. Image Source:gettyimages]. Highlights of the WTO TRIPS waiver proposed by South Africa and India.

IP 52

IP Related Rights Patent Technology 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. According to the BGH, appropriate meant what a sensible licensor would have demanded when granting rights and what a sensible licensee would have accepted.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

AUGUST 30, 2023

He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

LexBlog IP

JUNE 28, 2023

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages.

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

MARCH 14, 2022

The first issue raised in the consultation was whether the copyright protection for computer-generated works (CGWs)without a human author, in the UK Copyright, Designs and Patents Act 1988 (CDPA), strikes the right balance between incentivising and rewarding investment in AI creativity. A third alternative: the related rights approach.

IP 64

IP Public Domain Copyright Intellectual Property 64

IP Whiteboard

OCTOBER 15, 2020

The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. Copyright and related rights. for training AI) or increased facilitation of licensing. The UK IPO is keen to understand the role of the patent system in encouraging use and development of AI.

IP 40

IP Intellectual Property Invention Copyright 40

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

Music 83

Music Intellectual Property Copyright Technology 83

Kluwer Copyright Blog

AUGUST 18, 2021

This was to be done by imposing as few conditions as possible, using standardized licenses wherever possible, making information technically open (open formats, electronic delivery, etc.) So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government 59

Government Database Right Intellectual Property Copyright 59

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 119

Intellectual Property IP Registration Copyright 119

The IPKat

FEBRUARY 2, 2025

The final and forthcoming Part 3 will cover the legal implications of training AI models on works protected by copyright, including licensing and potential liability. related rights, performers rights), trade marks (incl., related rights, performers rights), trade marks (incl., More information here.

IP 64

IP Reporting Blogging Copyright 64