Intellectual Property, Licensing and Related Rights

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

Wednesday whimsies

The IPKat

JANUARY 31, 2024

Shortly after that, the European Union Intellectual Property Office (EUIPO) will also hold a webinar on trade secrets, focusing on trends in trade secrets’ litigation across the EU. This year’s theme is AI’s impact on creation, innovation, content, IP rights and competition. See here for further details.

Intellectual Property

Intellectual Property Editing Registration IP

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2023

January: In Kenya, prospective importers were required from January 1, 2023 to declare particulars of intellectual property rights for goods to be imported into the country. 102, outline the criteria for Collective Management Organizations to determine license fees for music usage.

IP

IP Intellectual Property Copyright Music

The Five Essential Copyright-Related Terms You Need to Know

Kashishipr

AUGUST 31, 2022

So, let us now make ourselves familiar with the five essential copyright-related terms that you should be aware of, which, in turn, shall help you take a step towards safeguarding your exclusive rights online. Intellectual Property & Intellectual Property Rights. Copyright License.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

Sunday Surprises

The IPKat

NOVEMBER 7, 2021

4iP Council - Licensing Negotiation Groups: what, why, how 4iP will hold an online webinar to discuss the proposed formation of Licensing Negotiation Groups (LNGs) of implementers that would collectively negotiate and license standard essential patents (SEPs). in intellectual property law and/or competition law.

Intellectual Property

Intellectual Property IP Registration Intellectual Property Law

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Provisions of intellectual property law will be applicable to NFTs.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

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

SpicyIP

JANUARY 12, 2022

Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials!

Intellectual Property

Intellectual Property Publishing Copyright Technology

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government

Government Related Rights Copyright Law

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. dishes and seasonings) as works of IP. (1)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

Sunday Surprises

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. , and Copyright in Graffiti and Street Art). The website of the event contains information about the programme and registration.

Intellectual Property

Intellectual Property IP Registration Copyright

The Portuguese Government completes the transposition of the new European Copyright Directive

Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023.

Government

Government Copyright Related Rights Licensing

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. According to Section 30, the holder of copyrights may license all or part of his rights to another party.

Music

Music Copyright Copyright Infringement Moral Rights

How artificial intelligence works in relation to copyright

The IPKat

DECEMBER 2, 2022

Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs. Let us briefly examine how these systems work and then consider how intellectual property law relates to them. Disco Diffusion under MIT and Apache 2.0 ). How to live with the issue?

Copyright

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Copyright: WIPO. Photo: Emmanuel Berrod. WIPO negotiators appear prepared to approve a draft Broadcast Treaty that is no longer “signal-based” or limited to “traditional” (non-Internet-based) broadcasting.

Public Domain

Public Domain Contracts Copyright Licensing

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

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

The IPKat

MAY 22, 2023

Hayleigh Bosher and Coran Darling giving evidence at the Inquiry Artificial intelligence is a highly debated topic in the intellectual property field currently. 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.

Music

Music Intellectual Property Copyright Technology

Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

JANUARY 24, 2024

It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. To introduce a mechanism of extended copyright licensing.

Copyright Law

Copyright Law Law Copyright Television

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. Additionally, all proprietary and open source software licensing rely on copyright protection. Intellectual Property Law in China, 2nd edition.

Copyright

Copyright Public Domain Intellectual Property Database Right

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

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

Not every frowning cartoon cat infringes; or at least plaintiff has failed to persuade that its intellectual property reaches that far. It could be copyright infringement to continue serving photos from servers after the license expired. Evox Productions, LLC v. Verizon Media, Inc., 2022 WL 17430309 (9th Cir. 2K Games, Inc. ,

Copyright

Copyright Social Media Copyright Infringement Publishing

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Copyright

Copyright Ownership Journalism Publishing

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data. and not charging fees for re-use.

Government

Government Database Right Intellectual Property Copyright

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

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

Copyright

Copyright Art Fair Use Registration

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

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ). The UK Intellectual Property Office ( UK IPO ) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.

IP

IP Intellectual Property Invention Copyright

An Outline on South Africa and India’s WTO IP waiver

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. Outcomes of the subsequent meetings held after introducing the proposal.

IP

IP Related Rights Patent Technology

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

Licensing

Licensing Invention Intellectual Property Marketing

The Resolution of the European Parliament on protection of live sport events

Kluwer Copyright Blog

JUNE 28, 2021

In this sense, the Legislative Decree 9/2008 relating to “Discipline of ownership and marketing of audiovisual sports rights and relative allocation of resources” acknowledges that the professional league and the clubs are joint owners of the audiovisual rights relating to matches.

Television

Television Copyright Blogging Law

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

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. Click here and here to know more. Click here to know more.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Sunday Surprises

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

Sunday Surprises

The IPKat

SEPTEMBER 4, 2022

EPIP - EPIP 2022 Conference - 14 to 16 September 2022 - Cambridge, UK The EPIP Annual conference brings together scholars, including doctoral students, working on economics, management, and law with a focus on intellectual property, along with policy-makers and stakeholders. They foster an interdisciplinary exchange of knowledge.

Intellectual Property

Intellectual Property Registration IP Patent Drafting

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right. These licensing schemes only cover professional journalists and photographers.

Moral Rights

Moral Rights Publishing Licensing Copyright

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

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

Technology

Technology Publishing Social Media Intellectual Property

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction. It decided not to use the content.

Publishing

Publishing Marketing Marketing Advertising

Around the IP Blogs

The IPKat

MAY 31, 2022

Cat in the Box " by admiller is licensed under CC BY 2.0. 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?

Blogging

Blogging Non-Fungible Tokens IP Reporting

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). The new related right for press publishers (Sections 87 et seqq. d) Caricature, parody and pastiche.

Copyright

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Edward J.

Contracts

Contracts Intellectual Property Cinema Copying

European Copyright Directive: Which Stage is the European Union At?

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. Service providers should put their “best efforts” to not only license the content shared on their websites, but also prevent the reuploading of content banned by notice and takedown procedures.

Copyright

Copyright Copyright Law Due Diligence Law

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

Reporting

Reporting Music Related Rights Licensing

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

LexBlog IP

JANUARY 16, 2024

1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1] 4(1) and 4(3).

IP

IP Copyright Art Related Rights

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

Wednesday whimsies

Trending Sources

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The Five Essential Copyright-Related Terms You Need to Know

Sunday Surprises

Protection of Nonfungible Tokens in Indonesia

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

UK Government axes plans to broaden existing text and data mining exception

Does food flavouring constitute a “work”?

Sunday Surprises

The Portuguese Government completes the transposition of the new European Copyright Directive

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

How artificial intelligence works in relation to copyright

Whither a Signal-Based Broadcast Treaty?

Establishment and operation of CMOs in Greece

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

Key 2023 update: EU Directive implemented in Greek copyright law

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

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

2H 2022 Quick Links, Part 3 (Copyrights and More)

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Please share nicely — From Database directive to Data (governance) acts

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

AI and copyright in 2022

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

AI and IP – A real conversation starter

An Outline on South Africa and India’s WTO IP waiver

Understanding Compulsory Licensing and Access to Essentials

The Resolution of the European Parliament on protection of live sport events

Friday Fantasies

Sunday Surprises

Sunday Surprises

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

EU copyright law round up – fourth trimester of 2021

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

Around the IP Blogs

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

European Copyright Directive: Which Stage is the European Union At?

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

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

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