Kluwer Copyright Blog

JANUARY 23, 2024

One AI topic, which has so far only been examined in any depth in relation to EU copyright law in a few instances, is copyright infringement by generative AI and the associated liability. This brings the case law of the CJEU on the concept of communication into play. 2) Who is liable for copyright-infringing AI output?

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Copyright Infringement Copyright Law Journalism 126

Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. These additional creative elements can be protected by copyright law, provided they meet the EU originality standard.

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Copyright Law Copyright Law Graphic Design 123

The IPKat

OCTOBER 25, 2023

The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021. 205 of the Belgian Code of Economic Law (that regulates rights of performers), Belgian Constitution , art. This would be contrary to arts.

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Related Rights Art Journalism Government 130

Kluwer Copyright Blog

FEBRUARY 12, 2023

” To fully understand the context and the importance of the decision that the CJEU is expected to issue, there is a need to examine the legal framework provided by both EU and Italian law on the collective management of copyright. EU Law On 26th February 2014, the CRM Directive was adopted. In fact, until 2017, when the Decree-Law No.

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Copyright Law Marketing Marketing 70

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying 57

Copying Law Related Rights Copyright Law 57

SpicyIP

FEBRUARY 10, 2024

Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content. Varsha suggests imposing requirements on developers to ensure AI development respects the exclusive rights of human creators in training datasets, and users should also be obligated to ensure compliance with relevant laws.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing 124

Publishing Copyright Related Rights Social Media 124

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

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Government Related Rights Copyright Law 141

The IPKat

DECEMBER 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.

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Social Media Intellectual Property Intellectual Property Law Related Rights 120

Kluwer Copyright Blog

JANUARY 31, 2023

Under German law, there are no special rules governing liability in cases of intellectual property rights infringements. The German BGH did allow a few civil law exceptions, in particular in relation to adopting content as one’s own or false legal appearance. The resulting conclusion in the BGH case law (e.g.,

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Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 52

Copying Law Copyright Law Copyright 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall within the scope of protection.

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Copyright Related Rights Artistic Work Public Domain 57

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. Nobody questions the fact that IP laws need to be enforced on the internet.

Copyright 52

Copyright Related Rights Ownership Copyright Infringement 52

TorrentFreak

MAY 12, 2023

After spending more than 16 years implementing intellectual property laws introduced in 2005, amendments to intellectual property law in Vietnam came into effect on January 1, 2023. 17/2023/ND-CP offers guidance on various copyright matters related to ISP liability and enforcement measures, including disclosure of customer information.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 119

The IPKat

DECEMBER 23, 2023

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Trade Marks Chijioke Okorie provided an overview of the key developments in trade mark law across the African continent as part of the “Africa IP Highlights” series for 2023.

Intellectual Property 67

Intellectual Property IP Copyright Law Invention 67

Garrigues Blog

SEPTEMBER 5, 2023

The long-awaited Portuguese transposition of the new Copyright Directive has finally been completed with the publication and entry into force of Decree-Law no. This resulted, in some cases, in a transposition that gave rise to various new features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive.

Government 52

Government Copyright Related Rights Licensing 52

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis. Emphasis added.).

Related Rights 98

Related Rights Licensing Law Copyright 98

The IPKat

JANUARY 26, 2023

Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights , adopted in December 2022. Other Chijioke Okorie focused on identifying the principles that should guide African governments in realising the right to research in Africa.

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Derivative Work Invention Registration Related Rights 76

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es. More from our authors: Law of Raw Data.

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 92

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. Applicable legal provisions The relevant law in this case was Law 2121/1993. Originality The meaning of “originality” is not generally defined by law. dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

JULY 20, 2023

Under German law, the law provides for a private copying limitation in relation to fixations of broadcasts (see Article 2(e) of the InfoSoc Directive) but excludes any entitlement of broadcasters to fair compensation.

Copying 40

Copying Law Copyright Publishing 40

JD Supra Law

AUGUST 5, 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). By: International Lawyers Network

Copyright 52

Copyright Related Rights Copyright Law Law 52

The IPKat

JANUARY 31, 2024

The event will explore national transpositions and available case-law in Germany, Italy, and Bulgaria. Until March 13, the Spanish Instituto de Autor is awaiting submissions on copyright and related rights, written in Spanish, to the 11th Antonio Delgado Award. Registration is open here.

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Intellectual Property Editing Registration IP 62

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. Janklow Professor of Literary and Artistic Property Law, Columbia Law School).

Copyright 78

Copyright Editing Related Rights Publishing 78

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). Introduction. Such remuneration is payable only to CMOs. Legislative background.

Copyright 52

Copyright Related Rights Television Law 52

The IPKat

DECEMBER 2, 2022

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. 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.

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Copyright Related Rights Intellectual Property Law Intellectual Property 145

The IPKat

DECEMBER 28, 2023

Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below.

Social Media 57

Social Media Intellectual Property Intellectual Property Law Related Rights 57

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

MARCH 24, 2022

The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.

Intellectual Property Law 67

Intellectual Property Law Intellectual Property Editing Related Rights 67

The IPKat

MARCH 18, 2023

The preface reiterates that the purpose of the book is to describe the essential nature of living IP law: "What we want is the reader to come away with a good idea of how IP works in practice." The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

The IPKat

DECEMBER 10, 2023

Image via Pexels Eleonora Rosati discussed the recent assessment of originality in copyright law as considered by the Court of Appeal of England and Wales in the case THJ v Sheridan [2023] EWCA Civ 1354. The post highlights the reasoning adopted by Arnold LJ considering the post-Brexit implications on the UK copyright law.

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Registration Copyright Law Copyright Intellectual Property 67

TorrentFreak

JANUARY 10, 2024

No value was placed on deposits but its claimed that Tuan generated profits of 80 to 100 million VND per month (US$3,300 to US$4,100) to an estimated total of 3 billion VND (US$123,000) The authorities are being especially clear on the alleged offenses and which laws apply.

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Advertising Advertising Reporting Copying 90

TorrentFreak

JANUARY 16, 2024

The platform openly explains that it will respond to valid takedown notices, as it’s required to do so by law. 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.

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Cinema Related Rights Technology Reporting 85

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.

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Television Art Related Rights Copyright Law 57

The IPKat

APRIL 26, 2022

Fifthly, Article 17 of the Directive introduces several procedural safeguards, which protect the right to freedom of expression and information of users of the abovementioned services in cases where, nonetheless, the providers of the services erroneously or unjustifiably block lawful content.

Intellectual Property 145

Intellectual Property Law Related Rights Copyright 145

IP and Legal Filings

DECEMBER 6, 2022

It accounts for a legal license to authorize the use of a copyrighted work in an irrefutable manner, provided that the usage by the user is in compliance with the law and payment of necessary fees. Laws concerning reproduction for personal use do not apply to musical works. The court ruled in Gramophone Co.

Music 83

Music Copyright Copyright Infringement Moral Rights 83