Editing, IP and Related Rights - Intellectual Property Pulse

Wednesday whimsies

The IPKat

JANUARY 31, 2024

Two hybrid events on IP and international dispute resolution The Singapore’s Intellectual Property Office will conduct two hybrid events on the latest developments in technology and IP dispute resolution. The New York edition will take place on February 21, and the Washington edition is planned for February 23.

Intellectual Property

Intellectual Property Editing Registration IP

Book review: Guidebook to Intellectual Property + discount code

The IPKat

MARCH 18, 2023

This is a review of Guidebook to Intellectual Property (seventh edition) authored by Sir Robin Jacob (8 New Square and UCL, Matthew Fisher (UCL) and Lynne Chave (UCL). It provides an outline of the basic legal principles and how the IP system works. Therefore, do not be alarmed at this omission, it is intentional and appropriate.

Intellectual Property

Intellectual Property Moral Rights Database Right Editing

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

Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. We address these questions in a two-part post.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

Never Too Late: If you missed the IPKat last week!

The IPKat

DECEMBER 23, 2023

If you've been too wrapped up with preparations for the holiday season , here's a summary of the IP news that you might have missed last week: Patents This Kat is still contemplating which IP books to put on her Christmas wish-list.

Intellectual Property

Intellectual Property IP Copyright Law Invention

Book review: Performers' Rights

The IPKat

JANUARY 21, 2022

Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights. The first edition was published in 1990 and it is now in its 6th edition, updated from its previous version which was published in 2015.

Moral Rights

Moral Rights Contracts Editing Related Rights

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

Kluwer Copyright Blog

DECEMBER 1, 2021

With this consultation, the Office seeks to assess whether the current IP regime strikes the appropriate balance to encourage the development of AI and its use across the UK economy. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. IP plays a fundamental role in this.

IP

IP Inventor Invention Intellectual Property

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

UNION-IP will hold an event, titled "What Does My Claim Cover? With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

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

SpicyIP

JANUARY 12, 2022

As a developing country India had been a consistent champion of balancing IP on the one hand and user interest and public policy objectives on the other, and yet as a significant producer and exporter of copyrighted goods it could not approach DipCon the way it approached the Stockholm Revision Conference (1967) or even the TRIPs negotiations.

Intellectual Property

Intellectual Property Publishing 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 ). A third alternative: the related rights approach.

IP

IP Public Domain Copyright Intellectual Property

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

dishes and seasonings) as works of IP. (1) Culpable IP infringement The copyright holder is eligible for compensation and restitution of their moral damages in case of culpable IP infringement. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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. This article was originally edited by, and first published on, www.lexology.com.

Copyright Law

Copyright Law Law Copyright Television

Sunday Surprises

The IPKat

MAY 22, 2022

Perfect timing for our Sunday rundown of key IP events and opportunities for the rest of this month and the start of June! Each year, the LIDC examines two topical questions on competition law and IP/unfair competition law. IP Question: 'Green IP': What is the role of intellectual property in sustainability?

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

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

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December). Stay tuned!

Copyright Law

Copyright Law Copyright Law Reporting

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. This article was originally edited by, and first published on, www.lexology.com. 2916/2022. (2)

Copying

Copying Copyright Law Copyright Editing

EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

Kluwer Copyright Blog

JANUARY 23, 2024

Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it. The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).

Copyright Infringement

Copyright Infringement Copyright Law Journalism

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

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. More from our authors: Law of Raw 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

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

NOVEMBER 11, 2021

If an OCSSP fails to meet the conditions for the liability exemption, it will be liable as an infringer and the affected right holders will be able – in the terms provided for by the IP Rights Enforcement Directive (IPRED) and its national implementations – to claim appropriate damages from it. According to Art.

Art

Art Law Intellectual Property Intellectual Property Law

Collective management of copyright and neighbouring rights in Greece

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). Further, they have the right to choose whether they will join a Greek or a foreign organisation, and if so, which CMO that will be.

Copyright

Copyright Related Rights Television Law

Protection of Trademarks in Cambodia

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark

Trademark Service Mark Intellectual Property Registration

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

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 ).

Contracts

Contracts Music Related Rights Television

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Kluwer Copyright Blog

APRIL 22, 2022

A recent report in the context of the reCreating Europe project addresses this question, building on previous work from some of its authors, namely a study on “Trends and Developments in Artificial Intelligence: Challenges to IP” (summarised in a previous post ) and this article. Intellectual Property Law in China, 2nd edition.

Music

Music Copyright Derivative Work Ownership

Artificial Intelligence and copyright: the Italian AI Law Proposal

Kluwer Copyright Blog

MAY 28, 2024

More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. Tschider € 195 Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93 Amendments are proposed to the Consolidated Text on Audiovisual and Radio Media Services.

Law

Law Copyright Art Government

Kluwer Copyright Blog

JUNE 29, 2023

While sports events, as such, are not protected by copyright and related rights, the origanisers of these events may benefit from specific protection under national law. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265 Stay tuned!

Copyright Law

Copyright Law Law Copyright Publishing

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions. This article was originally edited by, and first published on, www.lexology.com.

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 2

Kluwer Copyright Blog

MARCH 30, 2022

Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive. The provision has been transposed into French law through a separate instrument , which added a new chapter to the French IP Code.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

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

Kluwer Copyright Blog

NOVEMBER 24, 2021

The BGH reasoned that a claim for non-material damages was weakened by the fact that there were doubts as to whether the relevant public in that case even attributed the edited images to the author at all. The BGH assumed that an infringement of the related right of the film producer had occurred. by Christopher Heath. €

Contracts

Contracts Copyright Law Cease and Desist

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

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. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

Music

Music Intellectual Property Copyright Technology

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. This article was originally edited by, and first published on, www.lexology.com. Endnotes. (1) 1) Law 2121/1993. (2) 3) Decision No.

Music

Music Copyright Television Related Rights

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

Copyright

Copyright Intellectual Property Copyright Law Law

Intellectual Property Pulse

Wednesday whimsies

Book review: Guidebook to Intellectual Property + discount code

Trending Sources

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

Never Too Late: If you missed the IPKat last week!

Book review: Performers' Rights

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

Friday Fantasies

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

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

Does food flavouring constitute a “work”?

Key 2023 update: EU Directive implemented in Greek copyright law

Sunday Surprises

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

EU copyright law round up – fourth trimester of 2021

Athens court rules on moral damages in software infringement case

EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

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

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Collective management of copyright and neighbouring rights in Greece

Protection of Trademarks in Cambodia

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

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Artificial Intelligence and copyright: the Italian AI Law Proposal

EU copyright law round up – second trimester of 2023

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 2

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

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

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

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Stay Connected