The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders.

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The IPKat

DECEMBER 15, 2022

More on this in a separate post… And here are matters this Kat is keeping 3 of the 5 senses, alert for: As reported on The IPKat in May , the Africa Group at WIPO proposed a Work Program on Limitations and Exceptions (L&Es) to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR).

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TorrentFreak

DECEMBER 16, 2022

As reported in February 2022, notices published on the Lumen Database referenced well over one hundred pirate sites, all of which had been previously blocked for copyright infringement under the orders of the High Court in London. Just weeks after deindexing was confirmed in the Netherlands, a similar pattern emerged in the UK.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. PATENTS GuestKat Rose Hughes reported on a decision by the Court of Appeal of the Federal Circuit (CAFC) in the life science field on a dosage regime claim.

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Kluwer Copyright Blog

JANUARY 31, 2023

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements.

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Kluwer Copyright Blog

JUNE 19, 2023

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. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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The IPKat

AUGUST 1, 2021

Here is his report. The first case ( 4 Ob 40/21t – in German) relates to the operation of an online video recording device. Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 2(a) and (e) and Art.

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Kluwer Copyright Blog

DECEMBER 26, 2021

This becomes quite evident when one looks at the number of institutional policy reports that have been issued in the past three months. European Parliament, Report on the situation of artists and cultural recovery in the EU. See Communia’s report of the initial meeting here. We reported on this here. CJEU judgments.

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The IPKat

MAY 31, 2022

TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. But for how long will UK-based rights continue to play a role in deciding EU trade mark disputes? Can a slogan be protected by copyright?

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Kluwer Copyright Blog

JANUARY 9, 2023

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Claims under copyright law. In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

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The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. Last year the IPKat reported that the US Copyright Office refuses to register AI-generated works and requires human authorship as a prerequisite to copyright protection.

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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. Even then, the overall results of the study show a failed Directive.

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The IPKat

OCTOBER 4, 2022

This issue has also raised the question of how to strike the right balance between the respective interests and rights of intellectual property owners on the one hand and amateur creators, users and content sharing services on the other. The use case analyses the internal solutions of content sharing services (i.e.

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Kluwer Copyright Blog

DECEMBER 1, 2022

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”). The report was commissioned by C4C , but written in complete academic independence.

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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. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

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The IPKat

AUGUST 11, 2022

Beyond the need to provide a balanced and accurate view of copyright statutes, there are positive lessons to draw from KECOBO's work as the copyright regulator in Kenya.

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