Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Under EU Law, the most significant developments were introduced by articles 3 and 4 CDSMD, and its national implementations. While art. 3 is purpose-limited to scientific research and is imperative (art. 7(1), CDSM), art.

Publishing 98

Publishing Art Licensing Copying 98

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. of the Directive.

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Publishing Contracts Art Copyright 129

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

Contracts 52

Contracts Art Copyright Law Copyright 52

LexBlog IP

DECEMBER 17, 2021

In legal terms, those rights are intellectual property (IP) rights such as copyright, patents, and trademarks, confidentiality obligations, and contract rights. Each IP right has its own rules, and applying those rules to data leads to a complex, multi-layered analysis where the law can be unsettled and uncertain.

Copyright Law 52

Copyright Law Law Copyright Intellectual Property 52

IPilogue

NOVEMBER 30, 2021

The sale of an NFT also includes a smart contract. Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. Old Laws Protect New Trends.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. the type of permission, payment, and contract). because of rain).

Art 57

Art Copyright Moral Rights Cease and Desist 57

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

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Non-Fungible Tokens IP Ownership Contracts 98

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 ). The purpose of copyright, its social and innovation function, is thereby seriously undermined. For example, art.

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Copyright Art Licensing Contracts 121

The IPKat

APRIL 19, 2023

Here’s what Jan writes: How a chair makes the Berne Convention wobble: CJEU to answer questions on principle of reciprocity for works of applied art by Jan Jacobi Last year, this Katfriend wrote about two interesting cases before the Dutch courts. These cases concern the protection of works of applied art under the Berne Convention (BC).

Art 52

Art Copyright Intellectual Property Law Law 52

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.

Artwork 98

Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

DECEMBER 26, 2023

This is why the main drawback of the implementation of the new exceptions under arts. that they were introduced outside the general “Free use” regime in art. This is why the main drawback of the implementation of the new exceptions under arts. that they were introduced outside the general “Free use” regime in art.

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Art Music Publishing Law 113

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1.

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Law Music Copyright Art 63

43(B)log

AUGUST 3, 2023

But defendants’ experts are doing something completely different—identifying prior art, which cuts off the need to identify whether there was copying. Garcia: most D expert reports don’t opine on whether there was copying, just on existence of prior art. Taiwan’s copyright law has changed over time for the same reasons US did.

Music 52

Music Art Copying Licensing 52

Kluwer Copyright Blog

FEBRUARY 28, 2022

Initially in Art. 13 and ultimately in Art. 17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. The German implementation of Art.

Art 56

Art Copyright Law Copyright Law 56

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. NFTs are governed by smart contracts, which divide ownership and limit transferability.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

The IPKat

DECEMBER 26, 2023

However, according to an article published by The Guardian , she claims that she only earned 2% in royalties from the 1970s -1980s, at which time her contract also expired, due to the lapse of copyright protection for works of applied art in Sweden back then.

Contracts 62

Contracts Designs Design Copyright Law 62

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. What about the copyright interface w/ the DSA? 2(4): this is all w/o prejudice to rules laiid down by the © laws. Is this a violation of art.

Copyright Law 40

Copyright Law Law Copyright Art 40

The IPKat

MARCH 22, 2024

The role of US copyright law and economic rights As a signatory to the WPPT , the US grants performers economic rights to performances which are fixed in a sound recording. Taylor however retained the copyrights over the compositions she created, enabling her to (re-)publish the music independently. 2, (c); art.

Moral Rights 70

Moral Rights Copyright Music Art 70

Kluwer Copyright Blog

OCTOBER 10, 2023

Photo by Jr Korpa on Unsplash Free spaces in copyright law are fundamental. They allow us to use and enjoy copyright works, ultimately supporting the creation of future works. Yet, since the Information Society Directive , European copyright law has preferred to protect and incentivise online business models over creativity.

Art 88

Art Music Copyright Copyright Law 88

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

Copyright 52

Copyright Law Copyright Law Contracts 52

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 82

Artwork Contracts False Advertising Art 82

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. The NFT is a smart contract coded with the NFT. The digital piece of art or the digital work.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Copyright Lately

NOVEMBER 21, 2021

If they don’t embed an underlying asset, they likely don’t even fall within the subject matter of copyright. But the less-shiny reality is that this is primarily a contract dispute—a fight about whether the publication rights Quentin Tarantino reserved in his agreement with Miramax include the right to sell digital screenplay scans.

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Traverse Legal Blog

OCTOBER 19, 2023

A human’s guidance or creative decision-making can make an AI work eligible for copyright protection. Thaler sought copyright for an art piece produced by his AI system, “Creativity Machine.” District Court, however, ruled against him, underscoring the necessity of human authorship for copyrightability.

Copyright 52

Copyright Content Creation Graphic Design Copyright Law 52

The IPKat

MAY 9, 2023

In 2008, the parties concluded a contract, which included the following clauses [translation by this Kat]: § 4 Protection of the work and of the author […] 4.3 Statutory copyright protection remains unaffected. […] § 13. The client owns the copyright to the image of the building, which is the object of this contract. (2)

Copyright 52

Copyright Moral Rights Contracts Art 52

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] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

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Copyright Publishing Journalism Art 125

Kluwer Copyright Blog

APRIL 18, 2023

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. 17 of the CDSM Directive (implemented in Italy through Art. 102- septies of the Italian Copyright Law). Firstly, Art.

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Music Art Licensing Copyright 98

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Intellectual Property Office Blog

NOVEMBER 26, 2020

This is a fear shared by many of us in the industry, but thankfully Margaret Haig, Head of Copyright Operations at the Intellectual Property Office (IPO) was on hand to help! Guy Allen Art at KD Loves, photography Jon Aaron Green. Five-Finger-Strand Art by Emma Twedie Art. Setting the scene. But it’s also masses of fun.

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Copyright Art Due Diligence Copyright Law 73

IPilogue

JUNE 14, 2022

At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 120

Music Contracts Ownership Licensing 120

Kluwer Copyright Blog

NOVEMBER 25, 2021

They have taken work away from lawyers by writing contracts. Some say that certain humans will always write books and music and make art and that there will always be a market for masterpieces of human creativity. This is what would happen if copyright were interpreted as protecting AI machine productions that have no human cause. [1].

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Music Intellectual Property Art Intellectual Property Law 144

Traverse Legal Blog

MARCH 8, 2022

Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). Copyright identifies the author or artist who owns the “Work” (i.e. art, photograph, video, NFT asset). The gallery name is a trademark.

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Non-Fungible Tokens Artwork Licensing Branding 131

LexBlog IP

OCTOBER 19, 2023

A human’s guidance or creative decision-making can make an AI work eligible for copyright protection. Thaler sought copyright for an art piece produced by his AI system, “Creativity Machine.” District Court, however, ruled against him, underscoring the necessity of human authorship for copyrightability.

Content Creation 52

Content Creation Copyright Graphic Design Ownership 52

Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. IV. Copyright contract law (Sections 31 et seqq.

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Law Copyright Law Copyright Contracts 63

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? ” 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. .” When you purchase an NFT, you own the underlying Bored Ape, the Art, completely.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

The IPKat

MARCH 3, 2022

The IPKat is very happy to host the following blog post by Despoina Dimitrakopoulou and Simon Fritsch, addressing this eternal copyright question from the perspective of a German art and legal story. The legal issue can be broken down to one single question: who is the author of such copyright works, the visionary or the craftsman?

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Copyright Art Copyright Law Graphic Design 97