The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. What preoccupied Benjamin was how to understand the reproduction of works of art, especially in his seminal 1935 essay entitled, in English translation, "The Work of Art in the Age of Mechanical Reproduction”.

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Art Artwork Copying Moral Rights 134

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. Stay tuned!

Copyright Law 74

Copyright Law Law Copyright Copying 74

Kluwer Copyright Blog

APRIL 2, 2024

The Second Defendant is responsible for the use of the rights to this film in the Austrian video market. The object of copyright protection is not the thought (idea) underlying the work as such, but only the personal physical shaping of the idea. The First Defendant distributes the film “Yesterday” to Austrian cinemas.

Copyright Law 56

Copyright Law Copyright Law Cinema 56

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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Art Artistic Work Law Designs 59

Plagiarism Today

FEBRUARY 10, 2022

Despite this, he has had significant success in the art world, building a career that spans four decades and regularly sells paintings for millions of dollars. In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw.

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Plagiarism Art Marketing Marketing 279

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

Copyright Law 60

Copyright Law Copyright Law Music 60

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. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

DECEMBER 21, 2023

Photo by 5477687 via Pixabay Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. One of these common aspects is the requirement of lawful access. At least in the case of Art.

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Art Law Copyright Technology 69

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. Much art would be at risk if fair use inquiries ignored reasonable audiences’ views about when a new creation based on an existing work has a new meaning and message.

Copyright Law 94

Copyright Law Fair Use Law Artistic Work 94

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. A previous trend in the music industry is confrimed – streaming is the leading revenue source in nearly all markets. Photo by Markus Spiske on Unsplash.

Copyright Law 60

Copyright Law Copyright Law Music 60

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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Derivative Work Copyright Law Copyright Law 106

Kluwer Copyright Blog

JANUARY 18, 2022

On 15 December 2020, the European Commission submitted a proposal for a Regulation on a Single Market For Digital Services (Digital Services Act, DSA) and amending Directive 2000/31/EC. Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude.

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Copyright Due Diligence Art Copyright Law 125

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright Law 60

Copyright Law Law Copyright Publishing 60

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive and Art.

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Art Law Related Rights Marketing 85

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. While art. 7(1), CDSM), art. While art.

Publishing 98

Publishing Art Licensing Copying 98

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. AG Saugmandsgaard Øe suggests that Art. 17 is in principle compatible with the freedom of expression and information guaranteed in Art. Stay tuned!

Copyright Law 60

Copyright Law Copyright Law Television 60

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. 1] SaikōSaibansho [Sup.

Art 52

Art IP Intellectual Property Copyright 52

Kluwer Copyright Blog

AUGUST 16, 2021

Welcome to the second trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is somewhat surprising, since the Commission itself was remarkably late in issuing its Guidance on art. The AG suggests that art.

Copyright Law 52

Copyright Law Copyright Law Art 52

Intepat

DECEMBER 12, 2021

A lot of attention is placed on the art of plating, especially in the restaurant business. This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. The post Is The ‘Art’ Of Food Plating Copyrightable appeared first on Intepat IP.

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Art Copyright Artistic Work Moral Rights 52

The IPKat

MARCH 16, 2024

Works of applied art seem to be an inexhaustible source of intellectual property disputes [ IPKat here , here and here ]. In May 2015, Stamp realised that La Foir'fouille was marketing a stool model resembling the Stamp stool. The Court of Appeal first examined whether the stool was protectable under copyright law.

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Copyright Art Copyright Infringement Intellectual Property 70

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

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Fair Use Copyright Law Copyright Law 103

Kluwer Copyright Blog

OCTOBER 18, 2023

1] From this perspective, it can be argued that the introduction of a limitation-based remuneration right will preserve the anthropocentric approach to copyright law, preventing an upside-down scenario where human creativity becomes instrumental to artificial intelligence. In the EU, Art. In particular, Art. UDHR, 15.1

Copyright 127

Copyright Art Licensing Copyright Law 127

Kluwer Copyright Blog

MAY 1, 2024

Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin. In EU law, the Design Directive and Regulation govern the relationship between copyright and design protection for works of applied art.

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Copyright Art Designs Design 66

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.). 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.). 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

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

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

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 10, 2021

The long-awaited European Commission Guidance on art. 17 of the Copyright in the Digital Single Market Directive (CDSMD) was finally published on 4 June 2021, a mere working day before the transposition deadline of 7 June. 17(1) and (2) authorizations (IV); art. A Specific Copyright Authorisation and Liability Regime.

Art 52

Art Licensing Copyright Law 52

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. 228/11 of the Code of Economic Law). 3 and 4 of Art. This is exactly how Belgium transposed Art.

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Music Copyright Art Copyright Law 78

Kluwer Copyright Blog

JULY 27, 2022

Source: European Copyright Society. Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. The Society is not funded, nor has been instructed, by any particular stakeholders.

Copyright 98

Copyright Marketing Marketing Copyright Law 98

Nelligan Law

FEBRUARY 20, 2024

Reading Time: 4 minutes In the world of human expression, few art forms have undergone as radical a makeover as tattooing. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances. The repercussions of the Kat von D and S.

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Copyright Fair Use Copyright Law Settlement 79

The IPKat

DECEMBER 11, 2023

Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied art (case A/22/02872 ). Savic owns two Community designs for cat litter trays, marketed as Nestor ( 002090365-0001 , to the right) and Nestor Corner ( 002472472-0002 ).

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Art Designs Design Copyright 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.

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Art Music Copyright Copyright Law 88

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’). Firstly, the amendment 399 to Art.

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Copyright Art Copyright Law Licensing 123

The IPKat

APRIL 8, 2023

The Authority considers that the alleged abuse of economic dependence could have a significant impact on the protection of market competition and harm consumers. It could test the applicability of Art. It could test the applicability of Art. The use of copyright content by OCSSPs The implementation and nature of Art.

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Music Art Copyright Related Rights 129