Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means.

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Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

Just like with commercial entities, traditional artforms also have intellectual property that needs to be protected. The World Intellectual Property Organisation describes this as ‘ Traditional Cultural Expressions’ or ‘ Expressions of folklore’. . We shall be discussing the same in our upcoming blogs.

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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.

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Kluwer Copyright Blog

OCTOBER 3, 2022

A post analysing the judgment will be coming up soon in the blog. Stay tuned for a comment on this judgment in the blog. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. In the meantime, here is a comment at the AG’s Opinion on the case. AKM, AG Opinion, C-290/21.

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Kluwer Copyright Blog

DECEMBER 26, 2021

Stay tuned as a comment on the judgment is coming soon in the blog. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) A new UK bill focusing on various aspects related to musicians and other related right holders was published in November. Intellectual Property Law in China, 2nd edition.

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Kluwer Copyright Blog

APRIL 5, 2022

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. UK Intellectual Property Office, UK’s future exhaustion of IPR regime. The AG opinion was commented previously on this blog.A RTL Television, AG Pitruzzella, C-716/20.

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Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

In furtherance of our previous blog which recognised the need for protection of the Intellectual Property (IP) involved in Traditional Cultural expressions (TCE), this article discusses the Legal and Institutional Initiatives that Nations or bodies may use to pave a way for their protection. Conventional IPR.

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Kashishipr

AUGUST 31, 2022

So, let us now make ourselves familiar with the five essential copyright-related terms that you should be aware of, which, in turn, shall help you take a step towards safeguarding your exclusive rights online. Intellectual Property & Intellectual Property Rights. For more visit: [link].

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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). . This does not require any creativity but simply a de minimis “personal intellectual effort” ( ein Mindestmaß an persönlicher geistiger Leistung ) or a “mere technical effort” ( rein technische Leistung ).

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Kluwer Copyright Blog

MAY 26, 2022

More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. by Alexander Puutio. € Internet Law: A Concise Guide to Regulation Around the World.

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The IPKat

SEPTEMBER 4, 2022

EPIP - EPIP 2022 Conference - 14 to 16 September 2022 - Cambridge, UK The EPIP Annual conference brings together scholars, including doctoral students, working on economics, management, and law with a focus on intellectual property, along with policy-makers and stakeholders. They foster an interdisciplinary exchange of knowledge.

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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. It remains to be seen how future agreements will be negotiated.

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Kluwer Copyright Blog

MARCH 24, 2022

The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.

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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

JUNE 28, 2022

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

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Kluwer Copyright Blog

MAY 31, 2022

It is worth noting, however, that this decision was rendered before Austria transposed the EU Directive on copyright and related rights in the Digital Single Market 2019/790 of 17 April 2019 into national law. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

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Garrigues Blog

DECEMBER 14, 2021

There is a need for strong, clear and effective EU and national legal frameworks on copyright and related rights protection, but these frameworks should also avoid contributing to the digital environment becoming, as is feared, an over-regulated, censored place.

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Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

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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. by Edward J.

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Copyright Intellectual Property Publishing Reporting 104

Kluwer Copyright Blog

JANUARY 5, 2022

Intellectual Property and Sports: Essays in Honour of P. Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

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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.

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Technology & Marketing Law Blog

JANUARY 3, 2023

Not every frowning cartoon cat infringes; or at least plaintiff has failed to persuade that its intellectual property reaches that far. Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers. Evox Productions, LLC v. Verizon Media, Inc., 2K Games, Inc. ,

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Copyright Social Media Copyright Infringement Publishing 93

Kluwer Copyright Blog

JANUARY 4, 2022

Intellectual Property and Sports: Essays in Honour of P. Intellectual Property Law in China, 2nd edition. 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. More from our authors: Law of Raw Data.

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Copyright Law Copyright Law Intellectual Property 126

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

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Kluwer Copyright Blog

DECEMBER 18, 2022

To the readers of this blog who have been following (for example here or here ) the debates around the enactment and implementation of the DSM Directive – a directive that aims to be in sync with the ‘rapid technological developments’ – the above sentence might seem counterintuitive. Favouring the press publishers. by Alexander Puutio. €

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Kluwer Copyright Blog

DECEMBER 1, 2022

As opposed to Article 15 CDSMD, Article 17 CDSMD does not introduce a new related right to EU copyright law. Instead, it expands the protections already afforded by copyright and related rights law. To the extent that such rights fall outside of the EU acquis such gold-plating is arguably unproblematic.

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Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023.

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Kluwer Copyright Blog

NOVEMBER 11, 2021

17(4) and thus is shielded by the safe harbour established therein, right holders will not be able to claim damages. Intellectual Property Law in China, 2nd edition. According to Art. On the contrary, if the OCSSP meets the conditions laid down in Art. More from our authors: Law of Raw Data. by Christopher Heath. €

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Kluwer Copyright Blog

JANUARY 18, 2023

The new related right for press publishers (Sections 87 et seqq. A further addition has been the introduction of a new related right for press publishers in Sections 87 et seqq. As the related right for press publishers only contains economic elements, it is transferable in full, as per Section 87g(3) UrhG.

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Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

NOVEMBER 28, 2022

1) Article L131-4 paragraph 1 of the French Intellectual Property Code (‘IPC’) states the general applicable rule: the assignment by an author ‘ shall comprise a proportional participation by the author in the revenue from sale or exploitation of the work.’. To be continued…. by Alexander Puutio. € by Edward J.

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Kluwer Copyright Blog

MARCH 30, 2022

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. In Spain, the implementation of the right was analogously broad. Intellectual Property Law in China, 2nd edition.

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Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

DECEMBER 14, 2022

In this blog post, based on a recently published article , I assess this lesser-explored exception and call for its wider implementation and expansive interpretation by EU member states. . More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Alexander Puutio. € by Edward J.

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Kluwer Copyright Blog

APRIL 12, 2022

However, Member States can provide for such a right in their legislations. Even if Member States remain free to establish cable retransmission rights both for copyright holders and holders of related rights, these rights should be construed through the harmonised conceptual framework of this Directive.

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Television Art Related Rights Copyright Law 56

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. because there is no public access regime that applies, or because third parties own intellectual property rights.

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Kluwer Copyright Blog

APRIL 22, 2022

This two-part blog post contains a summary of our report’s conclusions and recommendations. Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights.

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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. For more information, see Cleary IP and Technology Insights blog-post, Agreement reached on the EU AI Act: the key points to know about the political deal (14 December 2023). [7]

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Kluwer Copyright Blog

DECEMBER 28, 2021

Regarding the entitlement to the rights, the recording and broadcast of a sports event are protected by related rights, which are respectively granted to producers of audiovisual works for the first fixation of the film and to broadcasting organisations for the transmission of broadcast signals for public reception.

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