Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music 55

Music Copyright Related Rights Ownership 55

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall within the scope of protection.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Image source: iStock]. electronic data deletion.

Non-Fungible Tokens 96

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

Kluwer Copyright Blog

NOVEMBER 11, 2021

More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. This is not the only surprise that came with the Spanish implementation, but is certainly one that needs a careful consideration as to its compatibility with the CDSMD. by Jan Bernd Nordemann, Christian Czychowski. €

Art 112

Art Law Intellectual Property Intellectual Property Law 112

Kluwer Copyright Blog

MARCH 30, 2022

At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December). Stay tuned!

Copyright Law 111

Copyright Law Copyright Law Reporting 111

Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. A third alternative: the related rights approach. More from our authors: Law of Raw Data.

IP 58

IP Public Domain Copyright Intellectual Property 58

Kashishipr

NOVEMBER 10, 2021

A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

Kluwer Copyright Blog

FEBRUARY 9, 2022

Member States, of course, have their own tradition with collective management (as amply demonstrated in the rich 2021 Study on emerging issues on collective licensing practices ), which they have adopted as a mandatory tool for exercising the rights of authors and other right holders in a wide variety of situations (as acknowledged under rec.

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. While a very valid concern, underpinning all market failure arguments essential to the smooth functioning of any IP regime, these are not the only important rationales. More from our authors: Law of Raw Data.

IP 66

IP Inventor Invention Intellectual Property 66

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

This is only not the case if the internet platform provides third parties the possibility of issuing offers and the operator of the internet market place does not present itself as the seller (and is thus the hosting provider). d) Liability of managing directors ( Geschäftsführer ). More from our authors: Law of Raw Data.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Barry Sookman

DECEMBER 19, 2021

Ireland European Union (Copyright and Related Rights in the Digital Single Market) Regulations SI No. Twitter loses jurisdiction appeal in online defamation case, 2021 BCCA 466 Giustra v. Twitter, Inc. link] 2021-12-13. 567/2021 [link] 2021-12-13.

Privacy 58

Privacy Related Rights Copyright Marketing 58

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 96

Publishing Marketing Marketing Advertising 96

The IPKat

JUNE 26, 2022

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. FIDE - The Metaverse As A Challenge To Classical IP - 29 June 2022 - Online The Metaverse steadily developed, and its role became even more central to the business.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. More from our authors: Law of Raw Data. by Christopher Heath. €

Copyright 58

Copyright Intellectual Property Copyright Law Law 58