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

DECEMBER 1, 2021

In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes.

IP 75

IP Inventor Invention Intellectual Property 75

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. Is the output infringing copyright?

Copyright 97

Copyright Due Diligence Designs Design 97

The IPKat

MAY 22, 2023

With the sudden popularity and accessibility of AI systems such as Open AI’s ChatGPT, there has been a lot of attention regarding the regulation and governance of the industry. 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.

Music 82

Music Intellectual Property Copyright Technology 82

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Particularly when combined with the Article 7 fixation right, this provides the broadcaster with copyright-like exclusive rights in the programme. Copyright: WIPO. Photo: Emmanuel Berrod. Delete Article 8.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP 40

IP Intellectual Property Invention Copyright 40

Kluwer Copyright Blog

NOVEMBER 20, 2022

According to article 107 CCH “ The Ministry, the Regions and other territorial government bodies may permit the reproduction as well as the instrumental and temporary use of the cultural properties committed to their care, without prejudice to the provisions in paragraph 2 and those with regard to copyright”.

Artwork 59

Artwork Public Domain Art Copyright 59

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 70

Licensing Television Marketing Marketing 70

The IPKat

JANUARY 24, 2023

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023.

Government 52

Government Copyright Related Rights Licensing 52

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. 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

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. The latest news, however, is that such a reform will not go ahead.

Government 141

Government Related Rights Copyright Law 141

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

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

Litigation 143

Litigation Copying Copyright Design 143

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

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 98

Related Rights Law Licensing Copyright 98

Kluwer Copyright Blog

DECEMBER 17, 2024

There is a shared interest in ensuring that AI companies have legal routes to license content in the quantity required by this revolutionary technology. Jurisdiction According to the EU AI Act and its Recital 106 providers of general-purpose AI models should put in place a policy to comply with Union law on copyright and related rights.

Publishing 52

Publishing Reporting Brands Branding 52

The IPKat

MAY 22, 2022

This is because the National Archives has today taken over responsibility for the external publication of court judgments, creating the first publicly accessible government database of judgments. It's getting hot out there! Picture by idea-saras.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

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

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 127

Publishing Art Licensing Confidentiality 127

Kluwer Copyright Blog

JUNE 19, 2023

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. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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

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. This could cause problems in cases when the publishing contract is governed by non-EU law. Recommendations.

Copyright 111

Copyright Ownership Journalism Publishing 111

Kluwer Copyright Blog

FEBRUARY 4, 2025

As sanctions, the UWG provides a right to prohibitory injunctive relief or removal in Section8 and a right to compensation in Section 9. The provision governing legal standing to sue is particularly interesting. Such competitors on the upstream license market could also be authors or rightholders.

Copyright 52

Copyright Marketing Marketing Copyright Law 52

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 98

Copyright Fair Use Publishing Reporting 98

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. 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.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

MARCH 17, 2025

The new copyright law, the amended Polish Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. The implementing law amended three acts: the Copyright and Related Rights Act, the law on the protection of databases, and the act on collective management.

Marketing 52

Marketing Marketing Copyright Related Rights 52

Kluwer Copyright Blog

MARCH 28, 2025

First, an opt-out mechanism is proposed as a way to license (or gain consent for) the use of protected works for AI training (see interesting comments by J.P. 21) indicates that “a pair of Member States” identified the ECL model as optimal, with one country even proposing a mandatory copyright licensing model. Geiger and V.

Licensing 52

Licensing Copyright Related Rights Copying 52

The IPKat

MARCH 7, 2025

On June 4, 2021, the Belgian government issued a Royal Decree , which mandated the assignment of musicians' right of communication to the public, reproduction and distribution rights to the ONB in exchange for remuneration set by the decree. With regard to applicability of Arts. 18-23 Directive 2019/790, but also with Arts.

Law 117

Law Art Contracts Government 117

The IPKat

NOVEMBER 10, 2024

18 to 23, which govern fair remuneration in exploitation contracts of authors and performers. When negotiations broke down, the ONB sought government intervention, which resulted in a Royal Decree issued on June 4, 2021. If the CJEU follows the reasoning suggested by the AG, authors’ and performers’ rights under Arts.

Law 108

Law Contracts Art Government 108