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.

Registration 67

Registration Copyright Law Copyright Intellectual Property 67

TorrentFreak

JUNE 3, 2023

Reporters who attempted to interview Geshev as he left court suddenly found themselves attacked by security guards. The CJEU found that ISPs in Member States can be ordered to block access to The Pirate Bay, even though the site itself stores no infringing content.

Music 131

Music Copyright Infringement Copyright Reporting 131

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. That has now changed.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

The IPKat

DECEMBER 15, 2022

The first 2 posts covered copyright and trade marks. No draft Bill has been seen (yet)… In September, South Africa’s National Assembly passed the Copyright Amendment Bill and sent it to the National Council of Provinces for its concurrence. This post is about patents, other IPRs and reforms in IP policy, legislation and administration.

IP 134

IP Patent Intellectual Property Government 134

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 98

Non-Fungible Tokens IP Ownership Contracts 98

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. From: TF , for the latest news on copyright battles, piracy and more.

Publishing 90

Publishing Television Government Copyright 90

The IPKat

JANUARY 30, 2022

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 76

Moral Rights Database Right Designs Design 76

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. The claimant is the owner of the copyright in several TV shows broadcast on the relevant TV channels. 3(1) and Art. 5(2)(b) of the InfoSoc Directive , in particular regarding "communication to the public".

Television 145

Television Art Advertising Advertising 145

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. This becomes quite evident when one looks at the number of institutional policy reports that have been issued in the past three months. CJEU judgments.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

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). Claims under copyright law. Protection of technical measures (Section 95a UrhG).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. Since then, courts in the U.S.

Copyright 95

Copyright Blogging Fair Use Reporting 95

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?

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

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. It is unclear whether the claim relates solely to the training of the Stability AI system, or whether it includes the outputs of that system.

Litigation 143

Litigation Copying Copyright Designs 143

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 103

Copyright Marketing Marketing Licensing 103

The IPKat

OCTOBER 4, 2022

© EUIPO, " Automated Content Recognition: Discussion Paper – Phase 2: IP enforcement and management use cases ", List of use cases, page 5 Use Case 1: The detection of IP-infringing listings on e-commerce marketplaces The first use case focuses on how AI-based technologies (i.e.

Technology 117

Technology Publishing Social Media Intellectual Property 117

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.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

DECEMBER 1, 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 OCSSPs (“online content-sharing services providers”).

Reporting 52

Reporting Marketing Marketing Copyright 52

The IPKat

AUGUST 11, 2022

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. This post reviews KECOBO’s advisory in the light of Kenya’s copyright law and policy. This is so for several reasons but this post highlights two.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93