Kluwer Copyright Blog

MAY 28, 2024

Furthermore, the AI Law Proposal introduces some dedicated provisions on copyright and media-related matters, which are the focus of this post. AI Law Proposal and provisions relevant for copyright In Article 24 of the AI Law Proposal, amendments are proposed to Article 1 of the Italian Copyright Law ( Law 22 April 1941, n.

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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. This has caused extensive debates on the national level comparable to the debate that took place when Art. Some argue that Art.

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Kluwer Copyright Blog

DECEMBER 12, 2022

The new copyright rules relevant to “Big Deals”. Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Under the law of copyright, the authors of works of science are the copyright owners of their published articles.

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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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The IPKat

APRIL 8, 2023

by Deborah De Angelis On March 16th , Meta (the American information technology company which owns Facebook, Instagram, and WhatsApp) removed the music catalogue of SIAE, the Italian copyright collecting society, from its services due to the parties’ inability to reach an agreement to renew the pre-existing licence. 17 (4), a). 17 (4), b).

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Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

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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.

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Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. Since then, courts in the U.S.

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Kluwer Copyright Blog

FEBRUARY 12, 2023

EU Law On 26th February 2014, the CRM Directive was adopted. In fact, until 2017, when the Decree-Law No. 148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No.

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Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. 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.

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LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

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Kluwer Copyright Blog

SEPTEMBER 20, 2023

When the German Federal Court of Justice (BGH) issued its fourth ruling in the “Metall auf Metall” copyright sampling case in April 2020, it seemed that the dispute would finally reach the top of the hill (see here ). Is Pelham’s sampling permitted by law under the “free use” (freie Benutzung) of then-Sect.

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azrights

AUGUST 11, 2022

As AI platforms like Midjourney , or Dall-E2 are widely adopted the question that is increasingly being asked is about the copyright position. It’s possible to create striking artistic images, music, poems and the like using Artificial Intelligence (AI) platforms so people naturally wonder who owns the rights in the output?

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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. Cultural theorists endeavoured to comprehensively define these concepts, but such attempts have encountered limitations.

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Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

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Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

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Kluwer Copyright Blog

OCTOBER 26, 2022

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms”.

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The IPKat

OCTOBER 11, 2022

As the name indicates, Le Musée intends to celebrate art. First, because the Italian transposition of Article 14 – that is: Article 32-quater of the Italian Copyright Act – is expressly without prejudice to the application of the CHC. It features reproductions of paintings by classic masters, including Botticelli’s.

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Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

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Kluwer Copyright Blog

APRIL 12, 2022

The case is an ideal example of the intricacy of the EU copyright law edifice regarding the right of communication to the public, which appears as a patchwork of disperse legislative provisions and case law. 3 (2)), it did not grant the general right of communication to the public to broadcasting organisations (Art.

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LexBlog IP

JANUARY 16, 2024

This third part of our four-part series on using synthetic data to train AI models explores the interplay between synthetic data training sets, the EU Copyright Directive and the forthcoming EU AI Act. Stated another way, how can a person wishing to use such content reasonably discover and avoid materials subject to an opt-out?

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IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Provisions of intellectual property law will be applicable to NFTs. Conclusion.

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Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. They have informed important debates and will certainly continue to do so in the coming years.

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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 ). 15 of the CDSMD.

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Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

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The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This litigation has arisen amongst a flurry of recent interest in AI generated works.

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The IPKat

JUNE 26, 2022

and Copyright in Graffiti and Street Art). 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. closing dinner), IP Lunches (incl. More information about the conference is available here.

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Kluwer Copyright Blog

NOVEMBER 20, 2022

According to article 107 CCH “ The Ministry, the Regions and other territorial government bodies may permit the reproduction as well as the instrumental and temporary use of the cultural properties committed to their care, without prejudice to the provisions in paragraph 2 and those with regard to copyright”. Second, Art.

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Kluwer Copyright Blog

MARCH 30, 2022

It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law. Like exceptions, or perhaps even more than them, limitations are of fundamental importance in copyright’s overall design. The short answer is “inconsistently”. 31 and 53).

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The IPKat

JULY 15, 2021

Interference with freedom of expression/information The AG considered that freedom of expression/information (but also freedom of the arts in some cases) “is undeniably relevant in the present case” and that Article 17 does interfere with it. Such acknowledgement, continued the AG, would reflect CJEU case law itself.

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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). So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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