Technology & Marketing Law Blog

JANUARY 3, 2023

It could be copyright infringement to continue serving photos from servers after the license expired. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. . * Evox Productions, LLC v. Verizon Media, Inc., 2K Games, Inc. ,

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Yet, its final version still presents problematic traits. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point.

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Publishing Law Contracts Licensing 56

Kluwer Copyright Blog

MARCH 8, 2023

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 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.

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Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. Move away from the current rights assignment models.

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Copyright Publishing Journalism Art 125

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Yet, its final version still presents problematic traits. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point.

Publishing 52

Publishing Law Contracts Licensing 52

The IPKat

SEPTEMBER 4, 2022

Sessions include contributed papers, keynote presentations, and policy-focused panel discussions. It will feature approximately 10 paper presentations. They foster an interdisciplinary exchange of knowledge. This year's conference will be held from 14 to 16 September. For more information and to register, click here.

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Intellectual Property Registration IP Patent Drafting 85

Kluwer Copyright Blog

DECEMBER 18, 2022

Unlike economic rights, that safeguard the economic interests of copyright holders, moral rights are a specific legal instrument that allow certain creators to control the treatment of their works and their presentation to others. Nevertheless, a more precise characterisation is that this is a new related right.

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Moral Rights Publishing Licensing Copyright 102

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

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Intellectual Property Moral Rights Related Rights Art 52

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'.

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Intellectual Property Intellectual Property Law IP Registration 83

Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. A third alternative: the related rights approach.

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IP Public Domain Copyright Intellectual Property 60

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 ’. Interestingly, in the present case, the applicants’ lawyer pleaded before the Conseil d’Etat that ‘0.5%

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Contracts Intellectual Property Cinema Copying 96

The IPKat

JUNE 26, 2022

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. Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents.

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Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

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Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

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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.

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Copyright Fair Use Publishing Reporting 98

The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

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Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

NOVEMBER 24, 2021

As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement. In such situations, the connection owner only bears a secondary burden of presentation and proof.

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Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

OCTOBER 7, 2021

Finally, the applicants did not show in the present case how the restrictions on creativity that result from the standardisation legislation prevent the harmonised standards from reaching the EU originality threshold. improve authoritative and updated information on right holders, terms and conditions and licensing opportunities).

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Copyright Law Copyright Law Television 60

Kluwer Copyright Blog

NOVEMBER 20, 2022

This being said, also in this second scenario as in the first, third parties willing to use and/or reproduce artworks located in a cultural institution will still need to get in touch with the respective care-taker entity, so as to verify whether any license agreement is in place. This is for two reasons, as pointed out by E.

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