Kluwer Copyright Blog

JUNE 28, 2022

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 1.

Database Right 52

Database Right Licensing Public Domain Artwork 52

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

Kluwer Copyright Blog

DECEMBER 12, 2021

Those versed in the intersection between IP rights and technology know that computer programs protection has always caused inevitable frictions IP law. Additionally, all proprietary and open source software licensing rely on copyright protection. Nevertheless, when one considers ML models, the first issue is conceptualising them.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

Barry Sookman

DECEMBER 5, 2021

'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. UK law on database rights post brexit, Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [202… [link] 2021-12-02. link] 2021-12-02.

Database Right 58

Database Right Privacy Copyright Law Advertising 58

Kluwer Copyright Blog

MARCH 4, 2022

But for anyone who had expected the Data Act to include a revision of the Database Directive — an ambition that the Commission had signalled in both the 2020 Data Strategy and the 2020 Intellectual Property Action Plan — the final proposal will be a major disappointment. A right that shall not be exercised.

Database Right 75

Database Right Due Diligence Intellectual Property Government 75

The IPKat

MARCH 18, 2023

As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

The IPKat

MARCH 6, 2022

COPYRIGHT Networked and interoperable devices have proliferated over the past two decades, and the advent of cloud services has created a standard for data sharing. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise. The Kluwer Copyright Blog provides an overview of the structure of this national law.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

Kluwer Copyright Blog

JANUARY 17, 2024

Much has been written about the legal challenges and qualifications of the training process (knowing whether it’s legally permissible to train these models on copyright-protected material) and the outputs of these models (especially if there is copyright in the results generated) see here , here , here and here.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

LexBlog IP

DECEMBER 12, 2023

This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

IP 52

IP Database Right Intellectual Property Copyright 52

The IPKat

OCTOBER 20, 2022

Is the operator of a streaming platform liable for copyright infringement if users of its service use a VPN to access content that in principle would not be accessible from a certain territory, given geo-blocking restrictions implemented by the platform operator? Access attempt.

Copyright 52

Copyright Database Right Copyright Infringement Copyright Law 52

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. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

The IPKat

FEBRUARY 4, 2022

The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s database right jurisprudence.

Cease and Desist 92

Cease and Desist Database Right Litigation Marketing 92

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second 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. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. United States Copyright Office, Copyright Protections for Press Publishers.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

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. A vanishing right? Factfulness, p.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

AUGUST 16, 2021

Welcome to the second 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 case relates to the sui generis database right and its application to the activity of search engines. Photo by Markus Spiske on Unsplash.

Copyright Law 52

Copyright Law Copyright Law Art 52

Kluwer Copyright Blog

MAY 16, 2022

The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. 35) to reduce the availability of IP rights over some datasets is welcome. The aim of the Data Act’s sui generis clause (art. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States.

Intellectual Property Law 84

Intellectual Property Law Copyright Intellectual Property Editing 84

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022. This is now set to change.

Government 95

Government Intellectual Property Licensing Copyright 95

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

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

LexBlog IP

APRIL 25, 2023

The Intellectual Property Office (“IPO”) “will produce a code of practice by the summer which will provide guidance to support AI firms to access copyrighted work as an input to their models, whilst ensuring there are protections (e.g. labelling) on generated output to support right holders of copyrighted work.

Technology 52

Technology Government Reporting Intellectual Property 52