2022, Marketing and Related Rights - Intellectual Property Pulse

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

Copyright

Copyright Art Fair Use Registration

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

2022 WL 16555584 (S.D.N.Y. 31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. 2022 WL 17430309 (9th Cir.

Copyright

Copyright Social Media Copyright Infringement Publishing

DoodStream: Hollywood, Netflix, Amazon & Apple Sue “Rogue Cyberlocker”

TorrentFreak

MARCH 22, 2024

The Motion Picture Association’s interest in file-hosting platform DoodStream first came to light in a submission to the USTR in October 2022. million visits in August 2022, while using the services of DDoS-Guard in Russia and OVH in France. The MPA estimated the site received 82.7 Hetzner Online GmbH, and Interkvm Host10 SRL.

Reporting

Reporting Intellectual Property Designs Design

Sunday Surprises

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. The webinar is scheduled for 7 July 2022 from 3:00pm to 5:00pm (CEST) and would be open to SMEs from the U.S. Further information is available here.

Intellectual Property

Intellectual Property IP Registration Copyright

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs that do not meet the abovementioned creativity threshold do not automatically fall in the public domain, but are protected by a related right as simple photographs. Photo by Soragrit Wongsa on Unsplash.

Copyright

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Kluwer Copyright Blog

FEBRUARY 12, 2023

Introduction Last week, a preliminary hearing took place before the European Court of Justice (CJEU), in a case dealing with the implementation of the Collective Rights Management (CRM) Directive (2014/26/EU) in Italy. The AG Opinion is expected on 11th May. The Civil Court of Rome submitted a preliminary ruling request ( No.

Copyright

Copyright Law Marketing Marketing

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property

Intellectual Property Intellectual Property Law Related Rights Registration

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

JUNE 28, 2022

On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. Image by Pete Linforth from Pixabay. Introduction.

Copyright

Copyright Intellectual Property Database Right Related Rights

EU copyright law round up – third trimester of 2022

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! On 8 September 2022, the CJEU issued its judgment in RTL Television. On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Music

EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State.

Copyright Law

Copyright Law Copyright Law Music

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

IP

IP Public Domain Copyright Intellectual Property

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

The consultation closes on 7 January 2022. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. While a very valid concern, underpinning all market failure arguments essential to the smooth functioning of any IP regime, these are not the only important rationales. Background.

IP

IP Inventor Invention Intellectual Property

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Kluwer Copyright Blog

MAY 1, 2023

Image by Gerd Altmann from Pixabay Introduction In November 2022, almost 18 months after the transposition deadline, Law 4996/2022 (Of. In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights.

Licensing

Sunday Surprises

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

Sunday Surprises

The IPKat

SEPTEMBER 4, 2022

Events IP Lawyers Tool - 1st World Robot Patent Drafting Symposium - 23 and 24 September 2022 - Cannes, France IP Lawyers Tool will hold the 1st World Robot Patent Drafting Symposium on 23 and 24 September 2022 from 1:00pm to 8:00pm (CEST). Further information about the 2022 Conference Program and registration can be found here.

Intellectual Property

Intellectual Property Registration IP Patent Drafting

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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 ). 15 of the CDSMD.

Publishing

Publishing Art Related Rights Marketing

Around the IP Blogs

The IPKat

MAY 31, 2022

In two judgments (Basmati, T-342/20 - which we reported on some time ago - and APE TEES, T-281/21), the General Court found that they are relevant (the cases were decided in October 2021 and March 2022, respectively).

Blogging

Blogging Non-Fungible Tokens IP Reporting

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).

Copyright Law

Copyright Law Copyright Law Reporting

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

DECEMBER 12, 2022

Under the new rules of the 2019 Directive on Copyright in the Digital Single Market, which have been recently implemented in most EU Member States, authors that license or assign their rights “for the exploitation of their works” are entitled to receive appropriate and proportionate remuneration, [8] a except where they have granted OA licences.

Copyright

Copyright Publishing Journalism Art

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

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

Technology Publishing Social Media Intellectual Property

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

The 2022 study on the application of the OWD and the flaws of the OWD Over seven years later than the date established in Article 10 OWD, the review of the Directive was initiated. The OWD and the CDSM Directive’s OOCW provisions now coexist as two distinct options that cultural heritage institutions can rely on for clearing rights.

Copyright

Copyright Marketing Marketing Licensing

[Guest post] Litigation commenced against the developers of AI image generation software

The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

Litigation

Litigation Copying Copyright Designs

Reading List: Art. 17 implementation

43(B)log

FEBRUARY 4, 2022

17 CDSM Directive on Selected Online Platforms , CREATe Working Paper 2022/1 Will Germany’s user protections prove to be a “paper tiger”? The Impact of the German Implementation of Art. This very interesting paper suggests some risks in that direction. Abstract: Germany transposed Art.

Art

Art Related Rights Copyright Marketing

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

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.

Copyright

CDSM: French transposition on the remuneration of performers

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.

Contracts

Contracts Intellectual Property Music Cinema

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

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. Section 53A).

Copying

Copying Copyright Law Copyright Social Media

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. Such usage aims to provide to the rights holder the possibility of receiving remuneration corresponding to the economic value of the copy in question. (4) 2916/2022. (2)

Copying

Copying Copyright Law Copyright Editing

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

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.

Contracts

Contracts Intellectual Property Cinema Copying

The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms

Kluwer Copyright Blog

OCTOBER 26, 2022

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. The impact of the Judgement on National Implementations.”

Art

Art Copyright Intellectual Property Publishing

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

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”). Subject matter and right-holders.

Reporting

Reporting Marketing Marketing Copyright

Unrequited love at the times of French maisons: the Museum vs Le Musée

Kluwer Copyright Blog

NOVEMBER 20, 2022

Likewise, when the Uffizi Museum sent a letter to the French maison Jean Paul Gauthier back in April 2022 asking to cease all uses of “ the Birth of Venus ” in their Le Musée collection, it possibly thought it would eventually receive – at the very least – some kind of reply. Yet, she kept ignoring him.

Artwork

Artwork Public Domain Art Copyright

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Kluwer Copyright Blog

MAY 18, 2022

In addition to supporting the implementation of several key aspects of the CDSMD, these proposed functions of an EU-level regulator seem crucial for achieving a truly “digital single market” in the EU in the long term. New Institutional Arrangements in the EU for Regulating Conduct Online: An Example for Copyright? Conclusion.

Copyright

Copyright Marketing Marketing Law

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 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 “online content-sharing services providers” (OCSSPs). Targeted users.

Reporting

Reporting Marketing Marketing Copyright

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

Kluwer Copyright Blog

JUNE 6, 2022

In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression. Photo by Jonas Jaeken on Unsplash.

Copyright

Copyright Settlement Law Copying

Intellectual Property Pulse

AI and copyright in 2022

2H 2022 Quick Links, Part 3 (Copyrights and More)

Trending Sources

DoodStream: Hollywood, Netflix, Amazon & Apple Sue “Rogue Cyberlocker”

Sunday Surprises

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

Does food flavouring constitute a “work”?

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

EU copyright law round up – third trimester of 2022

EU copyright law round up – first trimester of 2022

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Top 10 Posts on the Kluwer Copyright Blog in 2022

Sunday Surprises

Sunday Surprises

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Around the IP Blogs

EU copyright law round up – fourth trimester of 2021

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The Orphan Works Directive is broken but the Commission won’t fix it!

[Guest post] Litigation commenced against the developers of AI image generation software

Reading List: Art. 17 implementation

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

CDSM: French transposition on the remuneration of performers

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Athens court rules on moral damages in software infringement case

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Unrequited love at the times of French maisons: the Museum vs Le Musée

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

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