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. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. UMG Recordings, Inc. Grumpy Cat Limited v. .

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Copyright Social Media Copyright Infringement Publishing 111

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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Kluwer Copyright Blog

NOVEMBER 29, 2022

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). The report was commissioned by C4C , but written in complete academic independence. Mere facts”.

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The IPKat

AUGUST 1, 2021

Here is his report. The first case ( 4 Ob 40/21t – in German) relates to the operation of an online video recording device. The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. 3(1) and Art. network operators, hotels and stadiums).

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The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.

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Copyright Related Rights Law Copyright Law 110

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The EU took the Intellectual Property route by introducing a related right under its copy right law.

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The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. Last year the IPKat reported that the US Copyright Office refuses to register AI-generated works and requires human authorship as a prerequisite to copyright protection.

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Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

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Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. Scientometrics (2022): [link]. [3] 4] Frontiers. “It

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Kluwer Copyright Blog

OCTOBER 7, 2021

On 23 September 2021, the UKIPO published a report looking into how creators earn in the digital era and, more specifically, through streaming. EU Parliament, Draft report on IP Action Plan. EU Parliament, Draft report on IP Action Plan.

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Kluwer Copyright Blog

JULY 11, 2024

The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. The most intuitive proposition is that for providers of generative AI, big tech, to remunerate creators whose works are used to train algorithms.

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Publishing Art Journalism Copyright 81

Kluwer Copyright Blog

MARCH 8, 2023

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 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.

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Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

MARCH 21, 2023

On the basis of the independent study, the European Commission acknowledged in a Report on the application of the Orphan Works Directive that ‘the [orphan works] Directive’s mechanism has been rarely used in practice and its relevance as a potential tool for the mass digitisation of cultural heritage has therefore proven to be limited’.

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Copyright Marketing Marketing Licensing 105

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. 1] As is normal in WIPO negotiations, considerable time in the meeting of the SCCR was conducted in “informal” session where public reporting on what was proposed or discussed is not permitted. [2] Copyright: WIPO.

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Public Domain Contracts Copyright Licensing 69

The IPKat

OCTOBER 4, 2022

It's well known that 3D printing consists of two main phases (and related implications from an IP perspective - e.g. licensing and distribution of files and finished products): the creation of the digital design of the object and the printing with a 3D printer.

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Technology Publishing Social Media Intellectual Property 119

Kluwer Copyright Blog

OCTOBER 23, 2024

10] Contours of a Harmonised SPR ALLEA recommends that an EU-wide harmonised SPR be shaped as follows: Subject matter The SPR should apply to all published scientific articles, studies, dissertations, reports, and conference proceedings, insofar as these are the product of research that is publicly funded, directly or indirectly, by at least 50%.

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Kluwer Copyright Blog

NOVEMBER 23, 2023

Recent media reports suggest that the Parliament and Member States remain at loggerheads over how and (if) the law should regulate so-called foundation models. ” While the first obligation is an evolved version of the language contained in the European Parliament’s report on the AI Act, the second obligation is new.

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Copyright Fair Use Publishing Reporting 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement. 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.

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LexBlog IP

NOVEMBER 8, 2023

It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions. Further, article 22 of Law 4481/2017, stipulates that: 1.

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IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. Outcomes of the subsequent meetings held after introducing the proposal.

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IP Related Rights Patent Technology 52

Kluwer Copyright Blog

AUGUST 18, 2021

The Commission units in charge of public sector information policy have successfully chipped away at the sui generis right, the successive units responsible for copyright so far seem to have favoured a status quo. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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The IPKat

MAY 22, 2023

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. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

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Music Intellectual Property Copyright Technology 83

LexBlog IP

JANUARY 16, 2024

1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1] 4(1) and 4(3).

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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.

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Kluwer Copyright Blog

JUNE 28, 2021

Just with regards to Italy, the report issued in 2019 by FAPAV ( here ) concludes that almost 5 million Italians have declared that in 2018 they have illegally watched live sports content, streamed on their devices (computer, tablet, smartphone, smart TV) or with friends and family.

Television 52

Television Copyright Blogging Law 52

The IPKat

FEBRUARY 2, 2025

Copyright Office Report on AI. Copyright Office Report on the legal and policy issues related to Artificial Intelligence (AI) and copyright. The Report is being released in three Parts. related rights, performers rights), trade marks (incl., The IPKat has been referenced in Part 2 of the U.S.

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