Law, Public Domain and Related Rights - Intellectual Property Pulse

A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works

Kluwer Copyright Blog

SEPTEMBER 23, 2021

We have recently published a white paper , authored by Julia Reda ( Gesellschaft für Freiheitsrechte ) and Paul Keller ( Open Future ) that proposes to build a public repository of Public Domain and openly licensed works. by Tito Rendas. € by Martin Senftleben. €

Public Domain

Public Domain Licensing Copyright Related Rights

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork

Artwork Public Domain Moral Rights Art

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

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

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain

Public Domain Contracts Copyright Licensing

Role Of Intellectual Property Rights In The Era Of Quantum Technology

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. The reason is that the latter is a part of public domain and will be open-sourced.

Intellectual Property

Intellectual Property Technology Intellectual Property Law Public Domain

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Kluwer Copyright Blog

DECEMBER 12, 2021

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. Image by Dorothée QUENNESSON from Pixabay.

Copyright

Copyright Public Domain Intellectual Property Database Right

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music

Music Copyright Derivative Work Ownership

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

Kluwer Copyright Blog

MARCH 14, 2022

On behalf of the University of Nottingham Commercial Law Centre (UNCLC) , we submitted a response to the consultation that addressed the three areas of potential legislative change. A third alternative: the related rights approach. Attaching to that output long term proprietary claims risks paralysing the public domain.

IP

IP Public Domain Copyright Intellectual Property

Sunday Surprises

The IPKat

JUNE 26, 2022

There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies. 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

Intellectual Property IP Registration Copyright

The need for the protection of Traditional Cultural Expressions.

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

The legal doctrines involved are closely related to copyrights and related rights systems. Their protection through laws, creates private rights over them as well as incentivises the continuation of their production. Why is their protection important?

Intellectual Property

Intellectual Property Public Domain Music IP

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. 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.

IP

IP Inventor Invention Intellectual Property

Unrequited love at the times of French maisons: the Museum vs Le Musée

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. We have an artwork, displayed in a museum and which is in the public domain. This is exactly the case here. This is for two reasons, as pointed out by E. Second, Art.

Artwork

Artwork Public Domain Art Copyright

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

LexBlog IP

JANUARY 16, 2024

5] But by training an AI model on purely synthetic data, developers could side-step the issues associated with the TDM exemption under EU law, including the risk that any copyright holder may have reserved the extraction of text and data from the underlying work by opting out.

IP

IP Copyright Art Related Rights

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

The IPKat

APRIL 8, 2023

Other Italian and foreign copyright and related rights collecting societies have also claimed that their music catalogues were taken down illegitimately and have requested Meta to restore their music on the relevant services. 35/2017); content in the public domain; content covered by an exception. 17 (4), a).

Music

Music Art Copyright Related Rights

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

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

Publishing Marketing Marketing Advertising

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ).

Publishing

Publishing Art Related Rights Marketing

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

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

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

Based on information gathered through a questionnaire distributed to national experts from each examined Member State, the report assesses the compliance of the national implementations with the internal market objective of the Directive and the EU’s law of fundamental rights. Article 15 CDSMD: the new press publishers’ right (PPR).

Reporting

Reporting Marketing Marketing Copyright

Kenya Copyright Board on "responsible use of memes": quasi-judicial powers and balanced perspectives

The IPKat

AUGUST 11, 2022

The advisory titled "Advisory on memes and copyright law" was published to inform the public that in its (KECOBO's) view, memes are adaptations of copyright-protected works and may only be created with the licence or permission of the relevant copyright owner of the work from which a meme is to be generated.

Social Media

Social Media Copyright Copyright Law Due Diligence

Intellectual Property Pulse

A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Trending Sources

Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Whither a Signal-Based Broadcast Treaty?

Role Of Intellectual Property Rights In The Era Of Quantum Technology

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

Sunday Surprises

The need for the protection of Traditional Cultural Expressions.

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Unrequited love at the times of French maisons: the Museum vs Le Musée

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kenya Copyright Board on "responsible use of memes": quasi-judicial powers and balanced perspectives

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