Kluwer Copyright Blog

JULY 27, 2022

Against this background, the European Copyright Society (ECS) issued on May 2022 a comment addressing selected aspects of the implementation of the new mandatory exceptions of Articles 3 to 7 of the Directive (drafted by Jonathan Griffiths, Tatiana Synodinou and Raquel Xalabarder).

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Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). This article is divided into two parts. I. Copyright protection 1.

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Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law.

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Kluwer Copyright Blog

NOVEMBER 28, 2022

The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. The principle of appropriate and proportionate remuneration of articles 18 and 20 of the CDSM. Remuneration of authors under French copyright law before the 2021 Order.

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The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

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Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] The new copyright rules relevant to “Big Deals”.

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Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. The plaintiffs enlisted writer and professor Henry Bean to opine on the similarities between Yonay’s article and the sequel film.

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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. Image by Mediamodifier from Pixabay.

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TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. When scientific papers and academic articles enter the equation, the ground suddenly starts to shift. The agreements pertain to the publication of books; Elbakyan is accused of distributing articles.

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Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022.

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Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

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Kluwer Copyright Blog

JUNE 7, 2023

Described as “an intellectual property pioneer and modern legal historian” , his untimely death in January 2022 was a blow for the academic community. This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries.

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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 ). More specifically, Art.

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LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license.

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The IPKat

FEBRUARY 3, 2023

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness. Broadening the UK E&L?

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The IPKat

JUNE 29, 2022

Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI. The consultation ran from 29 October 2021 to 7 January 2022. It focused on three questions: 1. IP is key to innovation.

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Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. March 21, 2022). Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. Tumblr, Inc.,

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TorrentFreak

MAY 9, 2024

After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. More recently, however, the time between application and blocking injunction has contracted. The summary reads as follows: 0gomovies.ws, watchseries1.video,

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The IPKat

JUNE 26, 2022

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. Registration is open and more details can be found here. Further information is available here.

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Kluwer Copyright Blog

SEPTEMBER 8, 2022

“Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. 3) Why do only fools and horses write original material? .

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The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). On the contrary: it has embraced them as a useful tool. Shelly: 'Oops!…You You did it again ?'

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The IPKat

JANUARY 18, 2023

In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed. What is really interesting is that the smart contract does not contain a link to the image but rather a link to a JSON file. As readers will appreciate, they contain valuable insights into NFTs.

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Kluwer Copyright Blog

FEBRUARY 24, 2023

Photo by Christian Wiediger from Unsplash 2021 saw a very active German Bundesgerichtshof (“BGH” – Federal Supreme Court) in the area of copyright law. This article covers the most relevant copyright law decisions of the BGH from that year. Claims under copyright law 1.

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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. It also addresses changes to the German Collecting Societies Act (VGG) and copyright liability of online content sharing service providers.

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Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. Who owns the copyright? This is referred to as the ‘work-for-hire’ doctrine which will be explained further in this article.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? IIM ) , and their applicability cannot be waived by contract.

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Kluwer Copyright Blog

MARCH 19, 2024

Background Wali’s predicament started on July 2, 2022, when Kurasov wrote on his personal Facebook page: “My paintings were used in Cairo subway without my permission and even mentioning my name! […] I am waiting for an official response about the theft of my paintings in a metro station” (See here , here ).

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Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Statement of TMNTNFT’s IP lawyer, March 31, 2022. ” But given that these guys don’t seem to be coming to the table with anything other than an admittedly fake IP rights contract, I wouldn’t hold my breath. .” Definitely.

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Kluwer Copyright Blog

MARCH 19, 2024

Background Wali’s predicament started on July 2, 2022, when Kurasov wrote on his personal Facebook page: “My paintings were used in Cairo subway without my permission and even mentioning my name! […] I am waiting for an official response about the theft of my paintings in a metro station” (See here , here ).

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Plagiarism Today

AUGUST 2, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO (@the_spice_club) January 15, 2022. However, those familiar with copyright law, immediately began to point out flaws in the plan. Produce an original animated limited series inspired by the book and sell it to a streaming service 3.

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Kluwer Copyright Blog

APRIL 18, 2023

The last license agreement between SIAE and Meta expired on 16 December 2022. Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law).

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The IPKat

MARCH 3, 2022

A year later, Kippenberger contracted Valien again to paint once more the “Paris Bar'', this time asking for a painting-in-a-painting effect, and instructed the creation of what came to be (very creatively named) “Paris Bar, Version 2”, showing “Paris Bar, Version 1” hanging – where else – in the Paris Bar.

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Technology & Marketing Law Blog

MARCH 23, 2022

A new entry in Congress’ parade of terrible Internet bills: the ‘‘ Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 ’’ or ‘‘SMART Copyright Act of 2022.’’ In 1998, Congress adopted the DMCA, consisting of five different sections intended to update copyright law for the 21st Century.

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IPilogue

APRIL 4, 2022

This article was originally published online on 28 March 2022 on New Internationalist and will be included in their March-April 2022 publication. First, we considered copyright law to try to stop the circulation of the photograph. Roxana Olivera is an award-winning investigative journalist based in Toronto.

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IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. Puttaswamy v. State of Tamil Nadu 1994 SCC(6) 632 [6] Titan Industries Ltd.

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LexBlog IP

JANUARY 10, 2024

” Since the first statutory Crown copyright provision in section 18 of the UK Copyright Act of 1911, the scope of the right has been further refined to assure copyright protection to “works ‘by an officer or servant of the Crown in the course of his duties.’” ’” Id.

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