Kluwer Copyright Blog

APRIL 12, 2022

The case is an ideal example of the intricacy of the EU copyright law edifice regarding the right of communication to the public, which appears as a patchwork of disperse legislative provisions and case law. However, Member States can provide for such a right in their legislations. et al ( C-716/20 ). 403/08 and C?429/08,

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Television Art Related Rights Copyright Law 56

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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Music Copyright Derivative Work Ownership 67

Kluwer Copyright Blog

JANUARY 23, 2024

While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different. Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it.

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Copyright Infringement Copyright Law Journalism 124

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.”

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Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

FEBRUARY 12, 2023

In fact, until 2017, when the Decree-Law No. 148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. 633 of 1941). 35/2017, whose Art.

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Copyright Law Marketing Marketing 67

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.

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Public Domain Contracts Copyright Licensing 64

LexBlog IP

MAY 4, 2022

According to PM, the specific musical repertoire in question was not represented by any collective management organisation (CMO) in Greece or abroad and, therefore, no copyrights, related rights, performance rights, or any other rights of third parties were owed. or idaroussou@metaxopouloslaw.gr ).

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Contracts Music Related Rights Television 52

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. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) The copyright in these two titles expired at the beginning of 2021.

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Copyright Law Copyright Law Reporting 116

LexBlog IP

AUGUST 4, 2021

Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Introduction. Such remuneration is payable only to CMOs. Legislative background.

Copyright 52

Copyright Related Rights Television Law 52

Kluwer Copyright Blog

JANUARY 4, 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. But, could they be considered as works in the sense of European copyright law? More from our authors: Law of Raw Data. 36, 37).

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Copyright Law Copyright Law Intellectual Property 126

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. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

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Copyright Law Law Copyright Publishing 60

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first 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. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? Stay tuned!

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Copyright Law Copyright Law Music 60

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 103

Copying Copyright Law Copyright Social Media 103

Kluwer Copyright Blog

DECEMBER 12, 2021

Additionally, all proprietary and open source software licensing rely on copyright protection. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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Copyright Public Domain Intellectual Property Database Right 52

Kluwer Copyright Blog

MARCH 14, 2022

And – also confirmed in the consultation text itself – UK copyright law would still protect a wide range of AI-assisted LDMA works and entrepreneurial works made by AI. A third alternative: the related rights approach. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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IP Public Domain Copyright Intellectual Property 60

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.

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Music Intellectual Property Copyright Technology 82

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

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Music Copyright Related Rights Ownership 56

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.

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Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

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Licensing Related Rights Publishing Higher Education 98

The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. Click here and here to know more. Click here to know more.

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Intellectual Property Intellectual Property Law Contracts IP 67

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 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

DECEMBER 12, 2022

ALLEA agrees, and therefore favours copyright rules that allow for OA publication of (partially) publicly funded research with immediate access and no embargo. Negotiate future deals considering national and EU copyright law. Ideally, such Secondary Publication Rights should be harmonised and made mandatory at the EU level.

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Copyright Publishing Journalism Art 126

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

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Intellectual Property Intellectual Property Law IP Registration 83

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ).

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Publishing Art Related Rights Marketing 52

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. First, limiting the reach of the VSE carve-out opens the door to the inclusion of facts and news of the day in the scope of the press publishers’ right. by Christopher Heath. €

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Publishing Intellectual Property Law Intellectual Property Related Rights 52

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. Where efficient voluntary licensing mechanisms exist, the mandatory collective management of rights ought to be avoided.

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

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.

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Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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Copyright Intellectual Property Copyright Law Law 60