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.

Law 64

Law Copyright Law Copyright Contracts 64

IPilogue

APRIL 4, 2022

Soon after, it was published in a French medical journal, along with her full name and medical details. First, we considered copyright law to try to stop the circulation of the photograph. Through the Berne Convention, the UK and France recognize each other’s copyright regimes. COMPLICATED MATTERS.

Privacy 120

Privacy Publishing Journalism Copyright 120

The IPKat

JUNE 26, 2022

and Copyright in Graffiti and Street Art). Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents. closing dinner), IP Lunches (incl. Diversity and Inclusion Today, Would you like some IP with your Wine?,

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

NOVEMBER 24, 2021

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. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 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.

Publishing 130

Publishing Contracts Art Copyright 130

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?

Journalism 88

Journalism Social Media Publishing Government 88

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

Copyright Law 111

Copyright Law Copyright Law Art 111

Kluwer Copyright Blog

DECEMBER 12, 2022

ALLEA, therefore, welcomes recent studies showing that OA publication in scientific journals is on the rise. [2] While the downstream costs of journal subscriptions are gradually falling, the upstream costs of publication, made up of the APCs, have risen sharply. The new copyright rules relevant to “Big Deals”.

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Copyright Publishing Journalism Art 126

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

IPilogue

SEPTEMBER 23, 2021

The following is a preview of a paper to be published in the Intellectual Property Journal. . Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. 2 of the Copyright Act RSC 1985, c. Owning copyright is one thing; proving ownership is another.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

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.

Art 56

Art Copyright Law Copyright Law 56

LexBlog IP

OCTOBER 20, 2021

This scene was suggested (and indeed demanded) by someone who got no writing credit on the film and was accorded no copyright rights as an author. In the United States, an author, artist, or other creator can terminate a previous assignment of copyright by statutory right. at 7-8, 28-29. These rights are outlined in 17 U.S.C.

Copyright 52

Copyright Contracts Law Music 52

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Nevertheless, part of the literature has claimed that mining copyrighted works for purposes of TDM does not involve expressive uses, and, therefore, should not raise any copyright issues (see, e.g., here and here ). While art. 4(3), CDSM).

Publishing 98

Publishing Art Licensing Copying 98

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. No longer bound to or by the EU – but guided by the new Directive—the UK decided to review possible changes to its laws.

Law 116

Law Licensing Publishing Intellectual Property 116

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. For every one of the twenty-one defendants, the plaintiff provided examples.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

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

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

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

Copyright 118

Copyright Blogging Publishing Fair Use 118

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