Kluwer Copyright Blog

APRIL 2, 2024

Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019.

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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The IPKat

AUGUST 31, 2021

2021 is a momentous year for EU copyright law: it is the 30th anniversary since the adoption of the first ever copyright directive (the Software Directive 1991/250) and the 20th since the passing of the seminal InfoSoc Directive 2001/29. To celebrate the publication of Copyright in the Digital Single Market.

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Kluwer Copyright Blog

JUNE 30, 2021

In February 2019, Tamita Brown, Glen S. Finally, the Second Circuit found that the fourth factor – the ‘effect on the potential market’ – favors fair use as well. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. Chapman, and Jason T.

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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. On the copyright/trade mark front, a case on the registrability of the marks ‘ ANIMAL FARM ’ and ‘ 1984 ’ is still pending before the EUIPO’s Grand Board of Appeal.

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The IPKat

FEBRUARY 6, 2022

Janis The Transformation of EU Geographical Indications Law, by Andrea Zappalaglio And the joint winners of best Trade Mark book 2021 are: A User's Guide to Trade Marks and Passing Off, by Nicholas Caddick QC, Ben Longstaff, Jamie Muir Wood, and Charlotte Duly The Transformation of EU Geographical Indications Law, by Andrea Zappalaglio Best Copyright (..)

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Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law.

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Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

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The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. 18 of the Directive (EU) 2019/790. It is helpful to set some context for this. 18 of the Directive. It seems that Art.

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Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). The training process can involve reproductions of the training data…. .…

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Kluwer Copyright Blog

JANUARY 7, 2024

Generative AI, Copyright and the AI Act by João Pedro Quintais Generative AI is one of the hot topics in copyright law today. The Pastiche in Copyright Law – Towards a European Right to Remix by Till Kreutzer and Felix Reda Pastiche is one of the newer harmonized user rights in EU copyright law.

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The IPKat

MARCH 18, 2024

Rosati explains in the introduction “a lot has happened in the EU copyright field since 2019. All this has warranted a new edition of the book, which is significantly longer than - and hopefully a substantial improvement on – the 2019 edition.” Lastly, chapter nine considers recent copyright reform initiatives.

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IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

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IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc. In Reebok India v.

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IPilogue

FEBRUARY 28, 2023

The conflict of laws has often resulted in interesting dilemmas for courts where precedent cannot be readily applied, necessitating a case-by-case approach. In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019.

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Technology & Marketing Law Blog

JUNE 27, 2023

Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. A Personal View The High Tech Law Institute has a special affinity for bananas copyright law. ” Independently (?), VINDICATED!!! Cattelan , 2023 U.S.

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Kluwer Copyright Blog

DECEMBER 12, 2022

In current practice, authors are expected to assign or exclusively license their copyright to publishers. Other relevant limitations and exceptions in EU law permit the use of “quotations for purposes such as criticism or review” 9b and the making available of articles on dedicated terminals in library networks. Recommendations.

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Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights.

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Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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Kluwer Copyright Blog

DECEMBER 11, 2023

On its face, it does not require much – of course, entities operating in the EU must “respect Union copyright law” regardless of whether there is a provision in the AI Act requiring them to do so. Overall, the copyright provisions in the AI Act are a step in the right direction.

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The IPKat

OCTOBER 6, 2021

Conferences, webinars On October 18, the Institute for Intellectual Property and Market Law (Stockholm University) will hold an online conference devoted to ‘ The Making of EU Copyright ’. The occasion of the conference is the publication of Eleonora Rosati’s book, " Copyright in the Digital Single Market.

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IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.

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Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. Whether to honour the digital exhaustion doctrine or not, has always seemed a matter of national or EU law.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). In 2019, the U.S. Deepbrain AI , Veed.io ).

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The IPKat

AUGUST 6, 2023

Only two of the 43 areas deal with American copyright law (probably a correct percentage given the EU focus of IPKat), but this small number should have disqualified me from writing a book review where there are 41 out of 43 articles on topics I know nothing about, including the entire fields of trade mark and patent law.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Michael Geist

JANUARY 23, 2024

My submission noted that the consultation raises several questions related to generative AI and copyright. I focused on three: (1) Should Canada proceed with a text and data mining exception as recommended in the 2019 Copyright Act review? (2) Similar provisions are widely used in other jurisdictions.

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TorrentFreak

SEPTEMBER 23, 2022

In many cases torrent site owners provided services that were just not offered in the legal market. The site was a true passion project but in 2006 it suffered a setback when law enforcement authorities seized the site’s server. For TNTVillage owner Luigi Di Liberto, the aim was to share and preserve Italian content.

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Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. A core goal of the DSM Directive was to adapt EU copyright law to the digital era, ensuring it could address new practices.

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Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

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The IPKat

APRIL 5, 2022

For the purposes of this Law, “act of unfair competition” means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

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TorrentFreak

JANUARY 22, 2022

Due to the way many pirate IPTV services are structured, top level suppliers often rely on a cascading marketing system whereby subscriptions are sold and resold through a network of so-called resellers. Instead, Wallström says that for users, it’s a moral issue.

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IPilogue

MAY 20, 2022

Moreover, Russia’s cinema market seemed to also be bouncing back since the start of COVID. Last September , Paul Heth, CEO of Russia’s cinema operator Karo Group, predicted that they would achieve the near $1 billion box office receipts that they saw in 2019, this year. million in 2021.

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