Kluwer Copyright Blog

JANUARY 31, 2023

“ YouTube II ” concerned the infringement of the right of communication to the public as per Article 3 of the Copyright Directive (2001/29) in relation to copyright and related rights in various music tracks.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

DECEMBER 20, 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. In fact, Section 72 UrhG basically extends to Lichtbilder the same protection provided to Lichtbildwerke under Section 2(1) UrhG.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

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. A post analysing the judgment will be coming up soon in the blog. Stay tuned for a comment on this judgment in the blog.

Copyright Law 114

Copyright Law Copyright Law Music 114

Kluwer Copyright Blog

FEBRUARY 2, 2023

There will be debates over whether generative AI is, for the purposes of copyright, a tool used by a human author or is an autonomous creator of works (see previously on this blog e.g. here , here , here and here ). Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 143

Artwork Public Domain Moral Rights Art 143

Barry Sookman

JUNE 27, 2021

RT @McCarthy_ca : McCarthy Tétrault’s multidisciplinary Cyber/Data experts are proud to announce our Cybersecurity Blog Series, helping you… 2021-06-22. link] 2021-06-22.

Intellectual Property 52

Intellectual Property Related Rights Blogging Copyright 52

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 67

Music Copyright Derivative Work Ownership 67

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. However, Member States can provide for such a right in their legislations. et al ( C-716/20 ). 403/08 and C?429/08,

Television 56

Television Art Related Rights Copyright Law 56

Kluwer Copyright Blog

JULY 16, 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. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far. ↑ 1 [link].

Copying 52

Copying Law Copyright Law Copyright 52

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. Stay tuned as a comment on the judgment is coming soon in the blog. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.)

Copyright Law 116

Copyright Law Copyright Law Reporting 116

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. For more visit: [link].

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

SEPTEMBER 20, 2023

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.

Art 80

Art Copyright Law Copyright Music 80

Technology & Marketing Law Blog

JANUARY 3, 2023

Moreover, to the extent that any ancillary copyright protections would lack traditional copyright limitations and exceptions, they would raise significant policy and Constitutional concerns… Any change to U.S.

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

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. post on the judgment is coming soon in the blog, so watch this space. Stay tuned as a comment on the AG Opinion is coming soon in the blog.

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

SEPTEMBER 23, 2021

As a result these platforms need to prevent uploads containing Public Domain or openly licensed works from being blocked or removed as a result of copyright claims from (alleged) rightholders or face sanctions. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty.

Public Domain 103

Public Domain Licensing Copyright Related Rights 103

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework.

Copyright 107

Copyright Ownership Journalism Publishing 107

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. For a blog post detailing the hearing before the court see here. You can read the previous round-ups here.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

Olartemoure Blog

FEBRUARY 24, 2023

According to UNISON Rights, Spain has been experiencing problems in copyright approach and management, as a result of new technologies such as NFTs and AI , which have increased the number of works created in a short period of time.

Copyright 52

Copyright Intellectual Property Related Rights IP 52

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. The first of this series of blog posts on copyright reform at WIPO analyzes the history of the discussions on L&Es.

Copyright 104

Copyright Intellectual Property Publishing Reporting 104

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? Intellectual Property and Sports: Essays in Honour of P.

Copyright Law 126

Copyright Law Copyright Law Intellectual Property 126

Kluwer Copyright Blog

FEBRUARY 12, 2023

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. 633 of 1941). 35/2017, whose Art.

Copyright 67

Copyright Law Marketing Marketing 67

Kluwer Copyright Blog

JANUARY 23, 2024

While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different. Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it.

Copyright Infringement 124

Copyright Infringement Copyright Law Journalism 124

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law 60

Copyright Law Copyright Law Television 60

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

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.

Copying 103

Copying Copyright Law Copyright Social Media 103

Kluwer Copyright Blog

JUNE 28, 2021

In previous posts on this Blog we have analyzed some developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet and the use of the dynamic injunction, with special focus on the protection of live sport events. by Tito Rendas. €

Television 52

Television Copyright Blogging Law 52

Kluwer Copyright Blog

JANUARY 9, 2023

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I by Oleksandr Bulayenko , João Pedro Quintais , Joost Poort and Daniel Gervais. Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

MARCH 14, 2022

And – also confirmed in the consultation text itself – UK copyright law would still protect a wide range of AI-assisted LDMA works and entrepreneurial works made by AI. A third alternative: the related rights approach.

IP 60

IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

DECEMBER 12, 2021

Additionally, all proprietary and open source software licensing rely on copyright protection. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights).

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

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 56

Music Copyright Related Rights Ownership 56

Kluwer Copyright Blog

AUGUST 18, 2021

because there is no public access regime that applies, or because third parties own intellectual property rights. Where third parties such as publishers or data services hold copyright or sui generis rights (or related rights) the public sector body would then of course have to ensure it has proper authorization from the right holder.

Government 56

Government Database Right Intellectual Property Copyright 56

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 approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 87

Copyright Law Art Copyright Law 87

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.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JANUARY 16, 2024

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] 1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp.

IP 52

IP Copyright Art Related Rights 52

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.

Licensing 98

Licensing Related Rights Publishing Higher Education 98

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.

Publishing 105

Publishing Marketing Marketing Advertising 105