Michael Geist

NOVEMBER 1, 2022

Subsection (b) is breathtakingly broad and clearly designed to cover links as a means of facilitating access to news content. To address that weakness, it has crafted the bill to force payment for links by upending copyright law and intervening in the final arbitration process. . To be clear, supporting journalism is important.

Government 142

Government Journalism Copyright Law Copyright 142

Kluwer Copyright Blog

JANUARY 22, 2023

Particular against the background of increasing digitization of information and the emergence of new forms of data journalism , control of information is equivalent to control of news. Therefore, copyright law if not properly designed can hamper one of the most essential functions of the media, that of a ‘public sniffer dog’.

Copyright 52

Copyright Journalism Copyright Law Law 52

Michael Geist

OCTOBER 4, 2022

Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely.

Advertising 93

Advertising Advertising Television Government 93

The IPKat

NOVEMBER 2, 2022

Be sure to catch them at one of the sessions if you are in town. Read more about the speakers and sign up to the seminar here. This round-table session seeks to look at the practical / technical aspects (strategy) and to debate on the legal consequences (scope of protection). More details of the event on be found in the brochure here.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright 67

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. English language text from journal articles; social media posts in X language; etc.) journal articles, databases). or as brief as you'd like.

Social Media 52

Social Media Law Journalism Copyright 52

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. Many academics have stated that IP is not the correct tool to achieve the redistribution of market share.

Publishing 105

Publishing Marketing Marketing Advertising 105

SpicyIP

MARCH 13, 2023

ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law? Who is the owner of the underlying copyright (if any) the coder? Call for Papers: NUALS Intellectual Property Law Review (Vol. The author of the input? Microsoft v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

Kluwer Copyright Blog

JUNE 7, 2023

But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. Pastiche in EU copyright law: All dressed up but nowhere to go? Image by Aida KHubaeva from Pixabay “ No artist starts from scratch in a vacuum ”. According to Art.

Copyright 114

Copyright Art Copyright Law Law 114

Technology & Marketing Law Blog

AUGUST 1, 2023

As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. It is hornbook law that secondary liability of all kinds requires proof that direct infringement is occurring. The question is whether the same is true as a legal matter.)

Blogging 95

Blogging Copying Social Media Copyright 95

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

JANUARY 26, 2023

Image by Pexels from Pixabay Introduction: Brazilian Copyright Framework and the existing L&Es Brazil has signed most Intellectual Property (IP) law Treaties, but notably it has not adhered to the WIPO Copyright or the WIPO Phonogram and Performance Treaties.

Copyright 56

Copyright Intellectual Property IP Copyright Law 56

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

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2] 5] The risk-based approach is maintained under the political agreement.

Reporting 52

Reporting Publishing Marketing Marketing 52

IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. Activision case a loooong time ago back when we had paper.)

Music 87

Music Copyright Copying Copyright Law 87

Kluwer Copyright Blog

NOVEMBER 17, 2021

According to the BGH, there was no general principle based on experience which would cause one to assume, based on the presentation of a product at a trade fair in Germany, an imminent offering for sale, distribution or other placing on the market in Germany. More from our authors: Law of Raw Data.

Law 52

Law Copyright Television Copyright Infringement 52

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

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 ” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The IPKat

DECEMBER 8, 2021

Digital economy The parties support a level competitive playing field in competition and advocate ambitious regulations of the Digital Markets Act , which are not to fall behind existing national rules. Alongside plans for public finance and more connectivity on the national rail network, the parties stand for net neutrality.

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.

Copyright 118

Copyright Blogging Publishing Fair Use 118

LexBlog IP

APRIL 20, 2022

Oracle , that ‘fair use’ is an ‘equitable rule of reason’ requiring ‘judicial balancing’ of ‘the sometimes conflicting aims of copyright law’ so that copyright does not ‘stifle the very creativity which the law las was meant to foster.’ ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52