Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. These additional creative elements can be protected by copyright law, provided they meet the EU originality standard.

Copyright Law 124

Copyright Law Copyright Law Graphic Design 124

TorrentFreak

SEPTEMBER 29, 2023

In the belief that represents a breach of EU data protection laws, the digital rights group, ISPs, and other like-minded supporters, took their fight to the French legal system. Under EU law, member states may not pass national laws that allow for the general and indiscriminate retention of citizens’ traffic and location data.

Privacy 138

Privacy Law IP Copyright 138

Kluwer Copyright Blog

JANUARY 4, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. But, could they be considered as works in the sense of European copyright law? More from our authors: Law of Raw Data. 36, 37).

Copyright Law 130

Copyright Law Copyright Law Intellectual Property 130

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Internet Law: A Concise Guide to Regulation Around the World. Photo by Markus Spiske on Unsplash. You can read the previous round-ups here. Stay tuned! by Edward J.

Copyright Law 119

Copyright Law Copyright Law Music 119

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021.

Copyright Law 121

Copyright Law Law Copyright Reporting 121

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. Reporting on current events (Section 50 UrhG) and right of quotation (Section 51 UrhG).

Related Rights 52

Related Rights Law Copyright Copying 52

Kluwer Copyright Blog

DECEMBER 17, 2024

We are not in it for the money (hopefully), but mostly (hopefully) for the impact that we can make on our students and colleagues lives, as well as to contribute to the process of healthy law and policy-making. In copyright law terms, very often that data could correspond to individual human expression.

Publishing 52

Publishing Reporting Branding Brands 52

Kluwer Copyright Blog

NOVEMBER 11, 2021

Now, may a national legislation establish that right holders, notwithstanding Art 17(4) and its clear objective of precluding an action for damages against OCSSPs that meet its conditions, will still be able to claim from those OCSSPs the profits made in relation to unauthorized public communication by means of an action of “unjust enrichment”?

Art 121

Art Law Intellectual Property Intellectual Property Law 121

Kluwer Copyright Blog

SEPTEMBER 2, 2024

The objective was to assess the national implementations of the two articles for compliance with the internal market objective of the CDSMD and with the EU’s law of fundamental rights. In Portugal , users must be exercising their right to be informed and have lawful access to be protected.

Reporting 133

Reporting Related Rights Publishing Copyright 133

The IPKat

OCTOBER 25, 2023

The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021. 205 of the Belgian Code of Economic Law (that regulates rights of performers), Belgian Constitution , art. This would be contrary to arts.

Related Rights 130

Related Rights Art Journalism Government 130

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 105

Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

JANUARY 23, 2024

One AI topic, which has so far only been examined in any depth in relation to EU copyright law in a few instances, is copyright infringement by generative AI and the associated liability. This brings the case law of the CJEU on the concept of communication into play. 2) Who is liable for copyright-infringing AI output?

Copyright Infringement 127

Copyright Infringement Copyright Law Journalism 127

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

FEBRUARY 24, 2025

It will be co-organised by the Croatian and Hungarian national groups, and will be dedicated to the ownership and transfer of copyright and related rights. Candidates should have (or be about to obtain) a PhD in Law. For further details and to register, click here (available soon). For further details, click here.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Ownership Related Rights 64

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. 17 DSM Directive into the laws of the EU Member States. To date, there is no CJEU case law on the international application of Art.

Art 85

Art Law Related Rights Marketing 85

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing 125

Publishing Copyright Related Rights Social Media 125

The IPKat

JULY 12, 2024

Text and data mining techniques may be used extensively in this context for the retrieval and analysis of such content, which may be protected by copyright and related rights. The development and training of such models require access to vast amounts of text, images, videos and other data.

Publishing 126

Publishing Related Rights Copyright Marketing 126

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es. More from our authors: Law of Raw Data.

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement. Naturally, the first question addressed in the book is who are the performers?

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141

TorrentFreak

MARCH 24, 2025

Draft Law Aims to Tackle Sport’s ‘Structural’ Problems Senators Michel Savin and Laurent Lafon presented a bill last week aimed at reforming professional football through recommendations spanning how the sport is organized, managed and financed.

Advertising 60

Advertising Advertising Marketing Marketing 60

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law.

Copyright Law 64

Copyright Law Copyright Law Music 64

TorrentFreak

MAY 12, 2023

After spending more than 16 years implementing intellectual property laws introduced in 2005, amendments to intellectual property law in Vietnam came into effect on January 1, 2023. 17/2023/ND-CP offers guidance on various copyright matters related to ISP liability and enforcement measures, including disclosure of customer information.

Intellectual Property Law 140

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 140

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying 59

Copying Law Related Rights Copyright Law 59

Kluwer Copyright Blog

FEBRUARY 12, 2023

” To fully understand the context and the importance of the decision that the CJEU is expected to issue, there is a need to examine the legal framework provided by both EU and Italian law on the collective management of copyright. EU Law On 26th February 2014, the CRM Directive was adopted. In fact, until 2017, when the Decree-Law No.

Copyright 72

Copyright Law Marketing Marketing 72

Kluwer Copyright Blog

MARCH 15, 2023

In addition, the Commission has referred Bulgaria, Finland, Latvia, Poland and Portugal to the CJEU for failure to transpose another EU Directive on copyright and related rights applicable to certain online transmissions ( EU Directive 2019/789 ).

Copyright 72

Copyright Law Editing Related Rights 72

SpicyIP

FEBRUARY 10, 2024

Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content. Varsha suggests imposing requirements on developers to ensure AI development respects the exclusive rights of human creators in training datasets, and users should also be obligated to ensure compliance with relevant laws.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

The IPKat

DECEMBER 2, 2022

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. 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.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law 64

Copyright Law Law Copyright Publishing 64

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis. Emphasis added.).

Related Rights 98

Related Rights Law Licensing Copyright 98

TorrentFreak

APRIL 22, 2024

The defendant has violated the provisions of the law which protect the copyright and related rights of the Motion Picture Association’s members and the English Premier League,” Judge Le Hai Yen said. This result should serve as a stark warning to anyone involved in the illegal supply of Premier League streams in Vietnam.

Branding 122

Branding Brands Branding Related Rights 122

Kluwer Copyright Blog

MAY 26, 2022

Internet Law: A Concise Guide to Regulation Around the World. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Alexander Puutio. € by Edward J.

Law 64

Law Intellectual Property Related Rights Art 64

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. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Candidate at University of British Columbia. .

Copyright 105

Copyright Copyright Law Due Diligence Law 105

The IPKat

SEPTEMBER 26, 2024

Yesterday, the Constitutional Court of Belgium issued a ruling in joined cases 7922, 7924, 7925, 7926, 7927, concerning the validity of the Belgian law that transposed Directive (EU) 2019/790 [DSM Directive; see an earlier post on this case here ]. 7924, 7926 and 7927) of the Code of Economic Law. Press publishers’ right (Arts.

Publishing 129

Publishing Art Licensing Confidentiality 129

The IPKat

APRIL 26, 2022

Fifthly, Article 17 of the Directive introduces several procedural safeguards, which protect the right to freedom of expression and information of users of the abovementioned services in cases where, nonetheless, the providers of the services erroneously or unjustifiably block lawful content.

Intellectual Property 145

Intellectual Property Law Related Rights Copyright 145

The IPKat

JANUARY 18, 2025

related rights, performers rights), trade marks (incl., geographical indications), designs, best foreign language/non-English IP book and IP in general (books covering diverse IP rights). The deadline for submissions to the IPKat Book of the Year awards is 31 January 2025. More information here. Further details here.

Intellectual Property 69

Intellectual Property IP Music Reporting 69

The IPKat

DECEMBER 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.

Social Media 122

Social Media Intellectual Property Intellectual Property Law Related Rights 122