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 64

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.

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Copyright Art Licensing Contracts 122

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. This follows from the LG’s Berlin decision in The Unknowable.

Law 64

Law Music Copyright Art 64

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. Need for data: A survey From a legal perspective, a taxonomy of data used in AI research and development shows that there is copyright data (i.e.,

Social Media 52

Social Media Law Journalism Copyright 52

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

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws. Cr: Wellcome Collection).) In fact, one of Prof.

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

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Law Licensing Publishing Intellectual Property 109

IP and Legal Filings

APRIL 26, 2023

According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned. As per section 18(1), the author, not the copyright holder, is entitled to receive royalties. Cornish, D.

Copyright 52

Copyright Music Moral Rights Ownership 52

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. HathiTrust, 755 F.3d

Copyright 122

Copyright Social Media Publishing Licensing 122

Technology & Marketing Law Blog

JUNE 22, 2023

California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886). The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?

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Journalism Social Media Publishing Government 88

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. In this fragmented landscape, self-regulation (e.g., 3(2) CDSM, the text of item 7.8 Elsevier, Wiley and SAGE).

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Kluwer Copyright Blog

FEBRUARY 28, 2022

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. 8 UrhDaG); general responsibility under copyright law for user uploads is established in Sec.

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Art Copyright Law Copyright Law 56

IPilogue

APRIL 4, 2022

Soon after, it was published in a French medical journal, along with her full name and medical details. After a careful examination of multiple areas of law and a plethora of expert opinion – from legal academics, jurists, ethicists, medical professionals, trauma psychologists and scientists – we pursued several lines of approach.

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Privacy Publishing Journalism Copyright 120

IP and Legal Filings

FEBRUARY 20, 2024

However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. Anyone engaging in the unauthorised exploitation of a celebrity’s name or misrepresentation shall face consequences under this section of the law. Stanford Law Review , 58 (4), 1161–1220.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

The IPKat

JUNE 26, 2022

Abstracts, no longer than 300 words, should be sent to copyrightflexibilities@gmail.com by 30 June 2022. The application should indicate whether the contribution has already been published or is a work in progress and whether the author(s) is(are) available to join the conference in person or online.

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Intellectual Property IP Registration Copyright 117

LexBlog IP

OCTOBER 20, 2021

German law enables authors to convert exclusive-licenses to non-exclusive ones after 10 years, where their payment was a fixed sum instead of royalties. Polish law enables authors to terminate contracts of five years or longer, as well as indefinite contracts, upon giving one year’s notice (unless the contract stipulates otherwise).

Copyright 52

Copyright Contracts Law Music 52

IPilogue

SEPTEMBER 23, 2021

David Vaver is the Acting Director of IP Osgoode and a Professor of Intellectual Property Law at Osgoode Hall Law School. The following is a preview of a paper to be published in the Intellectual Property Journal. . 2 of the Copyright Act RSC 1985, c. C-42 [ Act ] calls it. . The court applied s.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

The IPKat

DECEMBER 8, 2021

They also advocate a ‘ more science-friendly copyright law ’ and the development of the National Research Data Infrastructure and European Research Data Space, alongside enabling data sharing of fully anonymised and non-personal data for research in the public interest.

Higher Education 52

Higher Education Technology Journalism Reporting 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. But releasing full sound recordings of interviews for sale is far less transformative than standard journalism.

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Copyright Blogging Publishing Fair Use 118