Copyright Law, Designs and Related Rights - Intellectual Property Pulse

Copyright law and football matches: impossible to match? (Part II)

Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. These additional creative elements can be protected by copyright law, provided they meet the EU originality standard.

Copyright Law

Copyright Law Copyright Law Graphic Design

Protecting Product and Packaging Designs in China Part II – Copyright

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs

Designs Design Copyright Artistic Work

Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

Kluwer Copyright Blog

MAY 1, 2024

The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means. Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin.

Copyright

Copyright Art Designs Design

Never Too Late: If you missed the IPKat last week!

The IPKat

DECEMBER 23, 2023

Copyright and Designs Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023. The overview covers the case law, legislative reforms, and public debates about current issues in copyright law.

Intellectual Property

Intellectual Property IP Copyright Law Invention

[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.

Never Too Late: If you missed the IPKat last week!

The IPKat

DECEMBER 10, 2023

Image via Pexels Eleonora Rosati discussed the recent assessment of originality in copyright law as considered by the Court of Appeal of England and Wales in the case THJ v Sheridan [2023] EWCA Civ 1354. The post highlights the reasoning adopted by Arnold LJ considering the post-Brexit implications on the UK copyright law.

Registration

Registration Copyright Law Copyright Intellectual Property

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

JANUARY 31, 2023

“ YouTube II ” concerned the infringement of the right of communication to the public as per Article 3 of the Copyright Directive (2001/29) in relation to copyright and related rights in various music tracks.

Copyright Law

Copyright Law Copyright Law Copyright Infringement

EU copyright law round up – third trimester of 2022

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. WIPO, Agreement on diplomatic conference on Design Law Treaty. Photo by Markus Spiske on Unsplash. You can read the previous round-ups here.

Copyright Law

Copyright Law Copyright Law Music

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

Copyright

Copyright Art Fair Use Registration

How artificial intelligence works in relation to copyright

The IPKat

DECEMBER 2, 2022

In the interim, at least, related rights, trade secrets, or protection against unfair competition, might provide some helpful alternatives. [A Related rights will only apply to video or audio, and, in any event, they are not universally recognized around the world. 2021/41/N/HS5/02726.

Copyright

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers.

Copyright

Copyright Social Media Copyright Infringement 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. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon. Copyright.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far. ↑ 1 [link].

Copying

Copying Law Copyright Law Copyright

EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. You can read the previous round-ups here.

Copyright Law

Copyright Law Law Copyright Publishing

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain

Public Domain Contracts Copyright Licensing

Sunday Surprises

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

Intellectual Property IP Registration Copyright

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

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying

Copying Copyright Law Copyright Social Media

Africa IP Highlights #2: The trademarks arena

The IPKat

DECEMBER 17, 2021

In May , a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. This Katpost discussed the case in fuller detail.

Trademark

Trademark IP Registering Trademarks Branding

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

Kluwer Copyright Blog

MARCH 14, 2022

The first issue raised in the consultation was whether the copyright protection for computer-generated works (CGWs)without a human author, in the UK Copyright, Designs and Patents Act 1988 (CDPA), strikes the right balance between incentivising and rewarding investment in AI creativity.

IP

IP Public Domain Copyright Intellectual Property

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. It has the capacity to run through a large number of tasks extremely quickly, which allows it to become more capable at performing tasks it has been trained to do.

Music

Music Intellectual Property Copyright Technology

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

because there is no public access regime that applies, or because third parties own intellectual property rights. Where third parties such as publishers or data services hold copyright or sui generis rights (or related rights) the public sector body would then of course have to ensure it has proper authorization from the right holder.

Government

Government Database Right Intellectual Property Copyright

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the 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

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

The IPKat

FEBRUARY 3, 2023

To do so, it first discusses how AI image generation tools are trained and how copyright protected images are involved in that process. In summary- the availability of copyright protection for these images of besuited felines would make an ideal exam question for IP students. What is AI image generation software?

Litigation

Litigation Copying Copyright Designs

European Copyright Directive: Which Stage is the European Union At?

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Article 17’s copyright exceptions are also problematic.

Copyright

Copyright Copyright Law Due Diligence Law

What is the Copyright Status of AI Generated Works?

azrights

AUGUST 11, 2022

Would they be infringing your copyright though? Is the output infringing copyright? From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes.

Copyright

Copyright Due Diligence Designs Design

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

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

Contracts

Contracts Copyright Law Cease and Desist

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Kluwer Copyright Blog

MARCH 30, 2022

It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law. Logically, then, the preamble to a Directive cannot be used to restrict the scope of one of its operative provisions, especially one that is rooted in fundamental rights.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

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

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Redistribution through IP rights in absence of market failure is doomed to fail as it does not to create incentive. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code.

Publishing

Publishing Marketing Marketing Advertising

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Kluwer Copyright Blog

FEBRUARY 9, 2022

Generally, the distinction between collective licensing with extended effect and mandatory collective management of rights is important (see Study on emerging issues on collective licensing practices, p. This mechanism of mandatory collective management is not new in copyright. 5 Rental Directive ).

Copyright

Copyright Licensing Art Publishing

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Kluwer Copyright Blog

MAY 18, 2022

This approach, referred to as “private ordering” or “self-regulation”, has been reflected in several EU Directives, and has long provided a useful workaround for governments by empowering industry actors to design and implement their own rules and methods of enforcement (given that they comply with existing law).

Copyright

Copyright Marketing Marketing Law

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Kluwer Copyright Blog

DECEMBER 1, 2022

As opposed to Article 15 CDSMD, Article 17 CDSMD does not introduce a new related right to EU copyright law. Instead, it expands the protections already afforded by copyright and related rights law.

Reporting

Reporting Marketing Marketing Copyright

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

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

Moral Rights Law Copyright Copyright Law

Intellectual Property Pulse

Copyright law and football matches: impossible to match? (Part II)

Protecting Product and Packaging Designs in China Part II – Copyright

Trending Sources

Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

Never Too Late: If you missed the IPKat last week!

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

Never Too Late: If you missed the IPKat last week!

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

EU copyright law round up – third trimester of 2022

AI and copyright in 2022

How artificial intelligence works in relation to copyright

2H 2022 Quick Links, Part 3 (Copyrights and More)

The Five Essential Copyright-Related Terms You Need to Know

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

EU copyright law round up – second trimester of 2023

Whither a Signal-Based Broadcast Treaty?

Sunday Surprises

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

Africa IP Highlights #2: The trademarks arena

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

Please share nicely — From Database directive to Data (governance) acts

Athens court rules on moral damages in software infringement case

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

European Copyright Directive: Which Stage is the European Union At?

What is the Copyright Status of AI Generated Works?

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

Top 10 Posts on the Kluwer Copyright Blog in 2022

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

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

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

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