Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government 56

Government Database Right Intellectual Property Copyright 56

Patently-O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

Litigation 105

Litigation Intellectual Property Business Government 105

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

Technology 117

Technology Publishing Social Media Intellectual Property 117

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. CJEU case law has designated criteria for several exceptions; however, the criteria have no clear and decided definitions. Photo Credits: freestocks.org ( Pexels).

Copyright 106

Copyright Copyright Law Due Diligence Law 106

Kluwer Copyright Blog

JANUARY 9, 2023

It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). . At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published.

Copyright 95

Copyright Blogging Fair Use Reporting 95

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Australia and EU have taken different approaches to address the issue of making platforms pay for use of news content. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

MARCH 21, 2023

The ‘practical difficulties’ that the Commission acknowledges in its conclusions, which in our view stem from the regime designed in the OWD rather than the Member States’ implementation or practices, will continue to exist. The Directive will therefore continue to exist as it is, with no changes to its scope or its system.

Copyright 103

Copyright Marketing Marketing Licensing 103

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).

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

MAY 18, 2022

This approach, referred to as “private ordering” or “self-regulation”, has been reflected in several EU Directives, and has long provided a useful workaround for governments by empowering industry actors to design and implement their own rules and methods of enforcement (given that they comply with existing law).

Copyright 52

Copyright Marketing Marketing Law 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

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”).

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

JUNE 6, 2022

With its ruling in Poland v Commission ( C-401/19 ) on 26 April 2022 the Court of Justice of the European Union (CJEU) dismissed an action to annul Article 17 of Directive (EU) 790/2019 on copyright and related Rights in the Digital Single Market (CDSM Directive).

Copyright 56

Copyright Settlement Law Copying 56