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.

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Music Copyright Related Rights Ownership 55

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

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Intellectual Property Intellectual Property Law Related Rights Registration 52

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.

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Copyright Related Rights Artistic Work Public Domain 55

The IPKat

DECEMBER 2, 2022

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. Let us briefly examine how these systems work and then consider how intellectual property law relates to them.

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Copyright Related Rights Intellectual Property Law Intellectual Property 145

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

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Intellectual Property Intellectual Property Law IP Registration 81

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 to know more. The submission deadline is 30 March 2023.

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Intellectual Property Intellectual Property Law Contracts IP 64

IIPRD

NOVEMBER 23, 2022

For instance, which current governing law would apply to quantum governing technology? What kinds of IP related rights would apply to quantum computing technology? QUANTUM COMPUTING AND THE FUNCTION OF INTELLECTUAL PROPERTY LAWS. INTERSECTION OF INTELLECTUAL PROPERTY LAW WITH FAIR COMPETITION PROMOTING LAWS.

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Government 52

IP and Legal Filings

OCTOBER 28, 2022

Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. cross-border transfer of personal data.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

Kluwer Copyright Blog

JANUARY 5, 2022

Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters. So, more evolutions are expected, since digital revolutions will continue to shake the world of copyright law. More from our authors: Law of Raw Data.

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Copyright Law Copyright Law Graphic Design 115

Kluwer Copyright Blog

APRIL 5, 2022

This report examines 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. More from our authors: Law of Raw Data. Stay tuned! by Christopher Heath. €

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Copyright Law Copyright Law Music 58

Kluwer Copyright Blog

MARCH 30, 2022

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. Therefore, the narrower the scope of the VSE limitation, the lower the threshold for the right to kick in.

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Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

APRIL 12, 2022

However, Member States can provide for such a right in their legislations. Even if Member States remain free to establish cable retransmission rights both for copyright holders and holders of related rights, these rights should be construed through the harmonised conceptual framework of this Directive.

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Television Art Related Rights Copyright Law 55

Kluwer Copyright Blog

JANUARY 4, 2022

More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. At the same time, a global paradigm of online piracy enabling the retransmission of sports events on a worldwide basis has dynamically emerged. by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €

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Copyright Law Copyright Law Intellectual Property 122

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

The IPKat

NOVEMBER 7, 2021

The Thomas Edison Innovation Law and Policy Fellowship promotes excellent academic research about IP and related rights in the innovative and creative communities. in intellectual property law and/or competition law. Applications will be open until 24 November 2021 (5:00pm, EST).

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Intellectual Property IP Registration Intellectual Property Law 75

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!

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Copyright Law Copyright Law Reporting 111

Kluwer Copyright Blog

DECEMBER 28, 2021

Regarding the entitlement to the rights, the recording and broadcast of a sports event are protected by related rights, which are respectively granted to producers of audiovisual works for the first fixation of the film and to broadcasting organisations for the transmission of broadcast signals for public reception.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

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

MARCH 14, 2022

A third alternative: the related rights approach. We followed the approach of distinguishing between creation and dissemination of works, so as to propose transforming the current CGWs provisions into a neighbouring rights provision. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

IP 58

IP Public Domain Copyright Intellectual Property 58

Kluwer Copyright Blog

APRIL 22, 2022

Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights. More from our authors: Law of Raw Data. by Christopher Heath. €

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Music Copyright Derivative Work Ownership 63

Kluwer Copyright Blog

DECEMBER 12, 2021

The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). Thus, questioning whether EU copyright law provides adequate protection for ML models is not a naïve endeavour. More from our authors: Law of Raw Data. by Christopher Heath. €

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Copyright Public Domain Intellectual Property Database Right 52

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

IP 66

IP Inventor Invention Intellectual Property 66

Patently-O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

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Litigation Intellectual Property Business Government 105

Kluwer Copyright Blog

FEBRUARY 9, 2022

Firstly, the mandatory collective management of rights prevents the author, performer, producer and, since the DSM Directive, publisher from individually exercising their exclusive rights under copyright or related rights. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used. The BGH assumed that an infringement of the related right of the film producer had occurred. More from our authors: Law of Raw Data. by Christopher Heath. €

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kashishipr

AUGUST 31, 2022

When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs). Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

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.

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Licensing Invention Intellectual Property Marketing 105

Barry Sookman

JUNE 27, 2021

CJEU interpreting the making available right, MICM (Intellectual property – Copyright and related rights – Judgment… [link] … The post Computer and Internet Weekly Updates for 2021-06-26 appeared first on Barry Sookman. link] 2021-06-22.

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Intellectual Property Related Rights Blogging Copyright 52

Barry Sookman

DECEMBER 19, 2021

Ireland European Union (Copyright and Related Rights in the Digital Single Market) Regulations SI No. Judge Cote Grants Google a TRO Against Operators of Malicious "Botnet" [link] 2021-12-13. 36-Hour Breach Notification Rule to Go into Effect for Banking Organizations [link] 2021-12-13. Twitter, Inc. 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.

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Publishing Marketing Marketing Advertising 90

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.

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Intellectual Property IP Registration Copyright 114

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

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