Copyright, Editing, Licensing and Related Rights

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright

Copyright Art Fair Use Registration

Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. To introduce a mechanism of extended copyright licensing.

Copyright Law

Copyright Law Law Copyright Television

Wednesday whimsies

The IPKat

JANUARY 31, 2024

In-person event on standard essential patents (SEPs) in Turin The Italian branch of the Licensing Executives Society (LES) is holding a one-day event on SEPs and their upcoming reform. The New York edition will take place on February 21, and the Washington edition is planned for February 23. See here for further details.

Intellectual Property

Intellectual Property Editing Registration IP

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

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

Non-Fungible Tokens IP Ownership Contracts

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

JANUARY 12, 2022

Published in late 2021, Dr R.V.Vaidyanatha Ayyar’s 421 paged “ Present at Creation: The Making of Internet Treaties 1996 ” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

Intellectual Property

Intellectual Property Publishing Copyright Technology

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

Copyright: WIPO. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. of the draft allows a contracting Party to limit the rights of a broadcasting organization from another contracting party, when that contracting party provides fewer rights.

Public Domain

Public Domain Contracts Copyright Licensing

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

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. ML models are learners that generate an output by making inferences from data.

Copyright

Copyright Public Domain Intellectual Property Database Right

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

Related Rights

Related Rights Licensing Law Copyright

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts

Contracts Music Related Rights Television

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. It defines the extent of protection.

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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

The IPKat

MAY 22, 2023

This post is brought to you by Oprah Nwobike , who is a lawyer and doctoral researcher at Brunel University London focusing on copyright and artificial intelligence in the music industry, under the supervision of IPKat's Dr Hayleigh Bosher. This has become a lingering question in the minds of consumers of online content.

Music

Music Intellectual Property Copyright Technology

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

Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). Photo by Possessed Photography on Unsplash. or should they go?

IP

IP Public Domain Copyright Intellectual Property

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Photo by Rock’n Roll Monkey on Unsplash.

IP

IP Inventor Invention Intellectual Property

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

FEBRUARY 7, 2024

In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. Is a copyright notice sufficient? What about the words “all rights reserved?”

Editing

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

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

Contracts Copyright Law Cease and Desist

A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art

Art Contracts Publishing Licensing

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

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.

Licensing

EU copyright law round up – fourth trimester of 2021

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. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. Photo by Markus Spiske on Unsplash. UKIPO, Consultation on AI and IP.

Copyright Law

Copyright Law Copyright Law Reporting

‘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. Section 53A).

Copying

Copying Copyright Law Copyright Social Media

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

DECEMBER 12, 2022

The new copyright rules relevant to “Big Deals”. Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Under the law of copyright, the authors of works of science are the copyright owners of their published articles.

Copyright

Copyright Publishing Journalism Art

Book review: Performers' Rights

The IPKat

JANUARY 21, 2022

The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights.

Moral Rights

Moral Rights Contracts Editing Related Rights

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

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

Copyright

Copyright Licensing Art Publishing

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

Copying

Copying Copyright Law Copyright Editing

Friday Fantasies

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. More information here.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Case study: “copyright-free” in-store music and collective management

LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. For more information on the collective management of copyright and neighbouring rights in Greece, click here.

Music

Music Copyright Television Related Rights

When must public performances of musical works be reported to CMOs?

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) This article was originally edited by, and first published on, www.lexology.com.

Reporting

Reporting Music Related Rights Licensing

Sunday Surprises

The IPKat

MAY 22, 2022

26 May 2022 | 18:15 (BST) | BLACA | Seminar: “ Time for a new Copyright Act? ” (in-person) The British Literary & Artistic Copyright Association, BLACA, is organising an event on whether the United Kingdom needs a new copyright Act. It's getting hot out there! Picture by idea-saras. The appointment will be on UCL Grade 8.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

The Orphan Works Directive is broken but the Commission won’t fix it!

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

Copyright Marketing Marketing Licensing

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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 ).

Publishing

Publishing Art Related Rights Marketing

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops).

Music

Music Related Rights Law Contracts

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

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

Intellectual Property Pulse

AI and copyright in 2022

Key 2023 update: EU Directive implemented in Greek copyright law

Trending Sources

Wednesday whimsies

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

Whither a Signal-Based Broadcast Treaty?

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Establishment and operation of CMOs in Greece

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

Does food flavouring constitute a “work”?

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

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

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

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

A summary look at the Portuguese transposition of the CDSM Directive

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

EU copyright law round up – fourth trimester of 2021

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

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Book review: Performers' Rights

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

Athens court rules on moral damages in software infringement case

Friday Fantasies

Case study: “copyright-free” in-store music and collective management

When must public performances of musical works be reported to CMOs?

Sunday Surprises

The Orphan Works Directive is broken but the Commission won’t fix it!

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Court clarifies process for CMO equitable remuneration

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

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