TorrentFreak

APRIL 22, 2024

The subscription platform has been repeatedly called out as a notorious piracy market by the US Trade Representative, as recently as this year. 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.

Branding 115

Branding Brands Branding Related Rights 115

The IPKat

MAY 31, 2022

TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. But for how long will UK-based rights continue to play a role in deciding EU trade mark disputes? The Kluwer Copyright Blog reports on a recent Italian Supreme Court decision addressing this question.

Blogging 73

Blogging Non-Fungible Tokens IP Reporting 73

Kluwer Copyright Blog

DECEMBER 26, 2021

This becomes quite evident when one looks at the number of institutional policy reports that have been issued in the past three months. European Parliament, Report on the situation of artists and cultural recovery in the EU. See Communia’s report of the initial meeting here. We reported on this here. CJEU judgments.

Copyright Law 111

Copyright Law Copyright Law Reporting 111

The IPKat

SEPTEMBER 4, 2024

Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. AGA Rangemaster Group Limited (AGA) objected to the sales and marketing activities of a company, which sold second-hand AGA cookers retrofitted with an electronic control system. 3(1)(g) TMD2 to the CJEU. 191 RoP GC.

Personality Rights 56

Personality Rights IP Copyright Art 56

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

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.

Copyright 105

Copyright Social Media Copyright Infringement Publishing 105

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

Kluwer Copyright Blog

JANUARY 9, 2023

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. In any case, this first YouTube Report is indeed a promising start (Paul Keller, op cit.), Factfulness, p.

Copyright 94

Copyright Blogging Fair Use Reporting 94

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. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

FEBRUARY 12, 2023

One of its main purposes is to set common minimum requirements regarding the governance, financial management, transparency and reporting of the CMO themselves (for an earlier analysis, see here ). The CRM Directive aims inter alia at strengthening the protection of the interests of members of CMOs, rightholders and third parties.

Copyright 63

Copyright Law Marketing Marketing 63

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.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

JUNE 28, 2022

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13]

IP 52

IP Copyright Art Related Rights 52

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).

Copying 101

Copying Copyright Law Copyright Social Media 101

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%.

Publishing 73

Publishing Journalism Copyright Editing 73

Kluwer Copyright Blog

JULY 11, 2024

Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. While it is art. The offers made and accepted in France are rather inconsistent.

Publishing 73

Publishing Art Journalism Copyright 73

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. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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’.

Copyright 101

Copyright Marketing Marketing Licensing 101

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.

Copyright Law 58

Copyright Law Copyright Law Television 58

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

MARCH 30, 2022

At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. 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.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

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.

Copyright 98

Copyright Fair Use Publishing Reporting 98

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.

Litigation 143

Litigation Copying Copyright Design 143

The IPKat

OCTOBER 4, 2022

This issue has also raised the question of how to strike the right balance between the respective interests and rights of intellectual property owners on the one hand and amateur creators, users and content sharing services on the other.

Technology 114

Technology Publishing Social Media Intellectual Property 114

Kluwer Copyright Blog

AUGUST 18, 2021

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). because there is no public access regime that applies, or because third parties own intellectual property rights.

Government 55

Government Database Right Intellectual Property Copyright 55

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.

IP 40

IP Intellectual Property Invention Copyright 40

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

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

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 90

Publishing Marketing Marketing Advertising 90