Copying, Copyright, Licensing and Related Rights

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright

Copyright Art Fair Use Registration

How artificial intelligence works in relation to copyright

The IPKat

DECEMBER 2, 2022

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs.

Copyright

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

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

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

Kluwer Copyright Blog

DECEMBER 8, 2022

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. Current EU copyright framework. In this post, its author provides a brief outline.

Copyright

Copyright Ownership Journalism Publishing

The Five Essential Copyright-Related Terms You Need to Know

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. However, it is undoubtedly imperative for online content creators to know the ABCs of copyright terminology for safeguarding their unique content.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

Music

Music Copyright Copyright Infringement Moral Rights

[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.

Copyright

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2023

The first 2 posts covered copyright and trade marks. Also in January in Kenya, a call for public participation on the Draft Copyright Tribunal (Procedure) Regulations , 2022 was issued, allowing the public to review and comment. 102, outline the criteria for Collective Management Organizations to determine license fees for music usage.

IP

IP Intellectual Property Copyright Music

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

The IPKat

FEBRUARY 3, 2023

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.

Government

Government Related Rights Copyright Law

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Cost of rights management by CMOs. Law 4481/2017 also regulates the cost of rights management by CMOs, which must be reasonable. Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights.

Related Rights

Related Rights Licensing Law Copyright

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. cross-border transfer of personal data. electronic data deletion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

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

The IPKat

AUGUST 1, 2021

After legal analysis, the referring court indicated that it is inclined to find in favor of the copyright holder on both questions (ie, that the operation of the online video recorder constitutes a communication to the public and thus copyright infringement under the InfoSoc Directive). 2(a) and (e) and Art.

Television

Television Art Advertising Advertising

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Applicable legal provisions The relevant law in this case was Law 2121/1993.

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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

Kluwer Copyright Blog

MAY 11, 2023

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.

Copying

Copying Copyright Law Copyright Social Media

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

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. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. Photo by Markus Spiske on Unsplash. UKIPO, Consultation on AI and IP.

Copyright Law

Copyright Law Copyright Law Reporting

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

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS.

Contracts

Contracts Copyright Law Cease and Desist

A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art

Art Contracts Publishing Licensing

[Guest post] Litigation commenced against the developers of AI image generation software

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This litigation has arisen amongst a flurry of recent interest in AI generated works.

Litigation

Litigation Copying Copyright Designs

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright

What is the Copyright Status of AI Generated Works?

azrights

AUGUST 11, 2022

As AI platforms like Midjourney , or Dall-E2 are widely adopted the question that is increasingly being asked is about the copyright position. It’s possible to create striking artistic images, music, poems and the like using Artificial Intelligence (AI) platforms so people naturally wonder who owns the rights in the output?

Copyright

Copyright Due Diligence Designs Design

EU copyright law round up – third trimester of 2021

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. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Television

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. 3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense.

Copying

Copying Copyright Law Copyright Editing

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Kluwer Copyright Blog

DECEMBER 18, 2022

Yet the Croatian legislator caters to the printed press thrice in its ‘new and better version’ of the Croatian Copyright Act (CCA). Works of authorship are protected through economic and moral rights afforded to the copyright holder. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights

Moral Rights Publishing Licensing Copyright

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing

Publishing Marketing Marketing Advertising

When must public performances of musical works be reported to CMOs?

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting

Reporting Music Related Rights Licensing

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. Remuneration of authors under French copyright law before the 2021 Order. and certain specific rules.

Contracts

Contracts Intellectual Property Cinema Copying

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. As a result, the impossibility to disseminate valuable cultural heritage remained.

Copyright

Copyright Marketing Marketing Licensing

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing

Publishing Law Contracts Licensing

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing

Publishing Law Contracts Licensing

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops).

Music

Music Related Rights Law Contracts

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). Mere facts”.

Reporting

Reporting Marketing Marketing Copyright

Intellectual Property Pulse

AI and copyright in 2022

How artificial intelligence works in relation to copyright

Trending Sources

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

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

The Five Essential Copyright-Related Terms You Need to Know

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

[Guest post] New Ukrainian Law on Copyright and Related Rights

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

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

Establishment and operation of CMOs in Greece

Protection of Nonfungible Tokens in Indonesia

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

Does food flavouring constitute a “work”?

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

EU copyright law round up – fourth trimester of 2021

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

A summary look at the Portuguese transposition of the CDSM Directive

[Guest post] Litigation commenced against the developers of AI image generation software

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

What is the Copyright Status of AI Generated Works?

EU copyright law round up – third trimester of 2021

Athens court rules on moral damages in software infringement case

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

When must public performances of musical works be reported to CMOs?

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

The Orphan Works Directive is broken but the Commission won’t fix it!

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Court clarifies process for CMO equitable remuneration

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

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