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. SIAE claims that Meta did not negotiate transparently. It could test the applicability of Art. 17 (4), a).

Music 127

Music Art Copyright Related Rights 127

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. There is however one stand-out entry that looks like it will be of interest to several of our readers.

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

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

Technology & Marketing Law Blog

JANUARY 3, 2023

Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers. However, I find that Plaintiff has failed to demonstrate that such exceptional circumstances are present here.

Copyright 108

Copyright Social Media Copyright Infringement Publishing 108

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting 52

Reporting Music Related Rights Licensing 52

The IPKat

FEBRUARY 3, 2023

With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. Click here to know more. The submission deadline is 30 March 2023.

Intellectual Property 64

Intellectual Property Intellectual Property Law Contracts IP 64

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.

Publishing 52

Publishing Art Related Rights Marketing 52

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IIPRD

NOVEMBER 23, 2022

The evolution of quantum computing technology presents many legal regulatory questions. What kinds of IP related rights would apply to quantum computing technology? These advancements are of great area of interest to societies, businesses, international organisations, governments etc. billion by 2027. Image Source: IStock].

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Government 52

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.

IP 58

IP Public Domain Copyright Intellectual Property 58

Kluwer Copyright Blog

DECEMBER 18, 2022

Unlike economic rights, that safeguard the economic interests of copyright holders, moral rights are a specific legal instrument that allow certain creators to control the treatment of their works and their presentation to others. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights 101

Moral Rights Publishing Licensing Copyright 101

The IPKat

SEPTEMBER 4, 2022

Sessions include contributed papers, keynote presentations, and policy-focused panel discussions. It will feature approximately 10 paper presentations. They foster an interdisciplinary exchange of knowledge. This year's conference will be held from 14 to 16 September. Applications are open until 16 September 2022.

Intellectual Property 83

Intellectual Property Registration IP Patent Drafting 83

Kluwer Copyright Blog

OCTOBER 23, 2024

Available from: [link] ; [accessed on 09/10/2024] [3] Caso, Roberto & Dore, Giulia, Academic copyright, open access and the “moral” second publication right (2021).

Publishing 73

Publishing Journalism Copyright Editing 73

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts 55

Contracts Intellectual Property Music Cinema 55

Kluwer Copyright Blog

DECEMBER 12, 2022

Under the new rules of the 2019 Directive on Copyright in the Digital Single Market, which have been recently implemented in most EU Member States, authors that license or assign their rights “for the exploitation of their works” are entitled to receive appropriate and proportionate remuneration, [8] a except where they have granted OA licences.

Copyright 121

Copyright Publishing Journalism Art 121

Kluwer Copyright Blog

JANUARY 9, 2023

The Sui Generis Database Right and the proposed Data Act by Paul Keller. [T]he The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. T]he European Commission published its proposal for a Data Act.

Copyright 94

Copyright Blogging Fair Use Reporting 94

Kluwer Copyright Blog

NOVEMBER 28, 2022

Interestingly, in the present case, the applicants’ lawyer pleaded before the Conseil d’Etat that ‘0.5% The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. and certain specific rules. royalties is proportional.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Yet, its final version still presents problematic traits. Image via needpix. As a result, the original text of Article 15 CDSM was subject to a number of amendments.

Publishing 55

Publishing Law Contracts Licensing 55

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Yet, its final version still presents problematic traits. Image via needpix. As a result, the original text of Article 15 CDSM was subject to a number of amendments.

Publishing 52

Publishing Law Contracts Licensing 52

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'.

Intellectual Property 81

Intellectual Property Intellectual Property Law IP Registration 81

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. None of the proposed options is heavily favoured by the UKIPO, but for each policy option the UKIPO presents a handy non-monetised costs and benefits analysis.

IP 66

IP Inventor Invention Intellectual Property 66

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This perspective appears well-founded.

Copyright Law 83

Copyright Law Art Copyright Law 83

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 ).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

NOVEMBER 23, 2023

Of the respondents, only Google explicitly positions its opt-out protocol as an implementation of Article 4(3) of the CDSM Directive: Google-Extended is an example of an approach that complies with the European Union Digital Single Market Copyright Directive, and specifically Article 4’s reference to machine-readable opt-out tools.

Copyright 98

Copyright Fair Use Publishing Reporting 98

Selvam & Selvam Blog

SEPTEMBER 7, 2023

The present case of N.R. This leads to the question – Is it essential for businesses targeting the Indian market to register their trademark as a well-known trademark? Fortunately for Whirlpool Corp., Dongre and Ors. Vs. Whirlpool Corporation and Ors.

Trademark 52

Trademark Registration Intellectual Property Business 52

Kluwer Copyright Blog

OCTOBER 26, 2022

17 CDSM Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) : According to the Grand Chamber of the CJEU, the provision imposes a de facto obligation on service providers to use automatic content recognition tools in order to prevent copyright infringements by users of the platform.

Art 52

Art Copyright Intellectual Property Publishing 52

The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

OCTOBER 7, 2021

Finally, the applicants did not show in the present case how the restrictions on creativity that result from the standardisation legislation prevent the harmonised standards from reaching the EU originality threshold. For a critical analysis of this judgment, see this post on the IPKat.

Copyright Law 58

Copyright Law Copyright Law Television 58

Kluwer Copyright Blog

NOVEMBER 20, 2022

This is for two reasons, as pointed out by E.

Artwork 55

Artwork Public Domain Art Copyright 55

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. 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 114

Intellectual Property IP Registration Copyright 114

The IPKat

SEPTEMBER 15, 2024

The Supreme Court considered that, in the present case, the defendant’s work did not merely take inspiration from the book cover, but actually reproduced protected elements thereof. In the present case, such a justification was deemed not to subsist.

Copyright 114

Copyright Copying Social Media Law 114