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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. Some intermediary platforms that enable NFT minting incorporate copyright issues, such as transfer of rights, into the transaction.

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UK Government axes plans to broaden existing text and data mining exception

The IPKat

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

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Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Kluwer Copyright Blog

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. Whether relief can be provided by the law of fundamental rights is currently unclear.

Copyright 107
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‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

However, the court was of the view that the case law lacks sufficient clarity to enable it to answer the questions without referral to the CJEU. The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. Is "communication to the public" in Art.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

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EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021.