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.

Music 56

Music Copyright Related Rights Ownership 56

The IPKat

MARCH 13, 2023

This is a review of the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond , by Sam Ricketson (Emeritus Professor, Melbourne Law School, University of Melbourne) and Jane Ginsburg (Morton L. Analysis of the beginnings of a movement in favour of broader protection of resale royalty rights.

Copyright 78

Copyright Editing Related Rights Publishing 78

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive. Copyright Office on August 30. Opting out – but how?

Copyright 98

Copyright Fair Use Publishing Reporting 98

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

Copyright 104

Copyright Related Rights Reporting Intellectual Property 104

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?” Even if technical rules and time limits must be followed, moments or scenes of creativity are present. But, could they be considered as works in the sense of European copyright law?

Copyright Law 126

Copyright Law Copyright Law Intellectual Property 126

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

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

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. The first of this series of blog posts on copyright reform at WIPO analyzes the history of the discussions on L&Es. Image by Ag Ku via Pixabay.

Copyright 104

Copyright Intellectual Property Publishing Reporting 104

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright 108

Copyright Related Rights Law Copyright Law 108

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

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 126

Copyright Publishing Journalism Art 126

TorrentFreak

APRIL 30, 2024

” Copyrights Trump Privacy Rights In its decision handed down Tuesday, initially only in French, the CJEU leaves no stone unturned in delivering a win for rightsholders. Data collected includes date and time of alleged infringement, IP address, peer-to-peer protocol, user pseudonym, details of copyright works, filename, ISP name.

Privacy 92

Privacy IP Related Rights Copyright 92

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

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

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.

Music 67

Music Copyright Derivative Work Ownership 67

Kluwer Copyright Blog

NOVEMBER 15, 2022

If question 1 is answered in the negative: Is the concept of ‘communication to the public’ to be interpreted as meaning that separate permission from the holder of the rights, including in respect of high definition content, is required, although the same works are already made available in poorer standard definition quality via free TV?

Copyright 52

Copyright Music Intellectual Property Related Rights 52

The IPKat

APRIL 8, 2023

by Deborah De Angelis On March 16th , Meta (the American information technology company which owns Facebook, Instagram, and WhatsApp) removed the music catalogue of SIAE, the Italian copyright collecting society, from its services due to the parties’ inability to reach an agreement to renew the pre-existing licence. 17 (4), a). 4 (5) D.Lgs.

Music 129

Music Art Copyright Related Rights 129

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. Intellectual Property & Intellectual Property Rights. Or perhaps downloading a pirated movie is Copyright Infringement ?

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

DECEMBER 3, 2023

The Congress is aimed at discussing six main topics and their relation to the Metaverse: the European Digital Acts, the Legal Status of Avatars and Digital Identity, Privacy and Personal Data Protection, Content and Conduct Moderation, Virtual Worlds as Markets and Cybersecurity. The deadline is set on the 20 December 2023.

Privacy 67

Privacy Copyright Related Rights Marketing 67

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. The officials dealing with copyright were generalist administrators, and expertise on international copyright laws in academia was sparse […].

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third 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 AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law 60

Copyright Law Copyright Law Television 60

TorrentFreak

JANUARY 16, 2024

Pursuant to our Copyright Policy, we cooperate with all requests to take down content that are used without permission from the rights-holder,” it explains. “During BREIN’s research, each of the ‘worlds’ had between a thousand and four thousand users present at the same time.

Cinema 86

Cinema Related Rights Technology Reporting 86

Kluwer Copyright Blog

SEPTEMBER 23, 2021

While the idea of creating repositories of Public Domain and openly licensed works is not new as such, we are proposing to use Article 17 of the EU copyright directive as leverage to create such a repository. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty.

Public Domain 103

Public Domain Licensing Copyright Related Rights 103

TorrentFreak

JANUARY 5, 2024

The Ministry of Justice has presented an initiative that would empower Estonia’s Consumer Protection and Technical Regulatory Authority ( TTJA ) to order pirate site-blocking measures. From: TF , for the latest news on copyright battles, piracy and more.

Government 102

Government Related Rights IP Copyright 102

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 128

Moral Rights Contracts Editing Related Rights 128

Kluwer Copyright Blog

NOVEMBER 29, 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 “online content-sharing services providers” (OCSSPs). Targeted users.

Reporting 52

Reporting Marketing Marketing Copyright 52

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 52

Music Copyright Television Related Rights 52

The IPKat

DECEMBER 29, 2022

From a copyright perspective, surely that image is a ‘work’, but could it be also regarded as original enough to warrant protection under that IP right (without considering related rights in accordance with Article 6 of the Term Directive )?

Copyright 145

Copyright Registration Intellectual Property Related Rights 145

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

APRIL 18, 2024

Copyright: WIPO. But the present draft clearly reaches such content. [2] that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. 9- The provision in effect creates an exclusive right of broadcasters.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

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. The second part focuses on protecting products through patents and industrial design.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

The IPKat

JUNE 26, 2022

and Copyright in Graffiti and Street Art). Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. closing dinner), IP Lunches (incl. Diversity and Inclusion Today, Would you like some IP with your Wine?, and the EU.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

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 to know more. More information here.

Intellectual Property 67

Intellectual Property Intellectual Property Law Contracts IP 67

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law.

Copyright Law 87

Copyright Law Art Copyright Law 87

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) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting 52

Reporting Music Related Rights Licensing 52

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 52

Intellectual Property Moral Rights Related Rights Art 52

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. 8 (3) of the Rental Right Directive.

Television 56

Television Art Related Rights Copyright Law 56