Licensing, Related Rights and Technology - Intellectual Property Pulse

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.

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

NOVEMBER 10, 2021

There is a constant debate of balancing the monopolistic rights against the right of public access to essential commodities like pharmaceuticals and medical products. This is where the concept of compulsory licensing gains popular attention. What is Compulsory Licensing? Reasons for Granting Compulsory License.

Licensing

Licensing Invention Intellectual Property Marketing

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

The IPKat

OCTOBER 4, 2022

The study represents the second phase of a project already started in 2019, which led to the publication of its first phase named " Automated Content Recognition: Existing technologies and their impact on IP " in November 2020.

Technology

Technology Publishing Social Media Intellectual Property

SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

SpicyIP

FEBRUARY 10, 2024

Whether the government has taken any steps to address concerns raised by creative writers and artists in their lawsuits against AI-powered Large Language Models, especially regarding issues such as the source of training, systematic theft, violation of moral rights, threat to livelihoods, and royalty payment.

Moral Rights

Moral Rights Copyright Infringement Related Rights Government

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

Kluwer Copyright Blog

JUNE 19, 2023

Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of real-world assets. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

Wednesday whimsies

The IPKat

JANUARY 31, 2024

In-person event on standard essential patents (SEPs) in Turin The Italian branch of the Licensing Executives Society (LES) is holding a one-day event on SEPs and their upcoming reform. The event will take place on February 27 and the registration is available here. The conference, to be held in Italian, will take place in Turin on February 5.

Intellectual Property

Intellectual Property Editing Registration IP

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

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). IPKat here ].

Music

Music Art Copyright Related Rights

A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art

Art Contracts Publishing Licensing

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

SpicyIP

JANUARY 12, 2022

And it’s published under a creative commons license, with the text available on his website here. In India, for example, Internet for general users arrived only in August 1995; […] email was a novelty confined to technology buffs and even such buffs knew little about the fledgling digital technologies.

Intellectual Property

Intellectual Property Publishing Copyright Technology

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

The IPKat

DECEMBER 15, 2023

In Tanzania, it was highlighted that Tanzania, though displaying positive figures and a promising outlook in the technology industry, it still continued to lag behind its peers in terms of attracting tech financiers and making tech wins known on the local scene. Each license remains valid for one year from the date of issue.

IP

IP Intellectual Property Copyright Music

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. The current rules and regulations acknowledge the use of blockchain technology. The approach now used for cryptocurrency and blockchain in general shows this.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

How artificial intelligence works in relation to copyright

The IPKat

DECEMBER 2, 2022

Images generated using text-to-image technology, including DALL-E 2 , Midjourney , and Stable Diffussion , have become a main topic in 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. Disco Diffusion under MIT and Apache 2.0 ).

Copyright

Friday Fantasies

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

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

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

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

Kluwer Copyright Blog

DECEMBER 18, 2022

To the readers of this blog who have been following (for example here or here ) the debates around the enactment and implementation of the DSM Directive – a directive that aims to be in sync with the ‘rapid technological developments’ – the above sentence might seem counterintuitive. Saving the printed press.

Moral Rights

Moral Rights Publishing Licensing Copyright

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. To date, the decree has yet to be drafted.

Publishing

Publishing Law Contracts Licensing

Sunday Surprises

The IPKat

MAY 22, 2022

Attendees will learn about the role of patents and standardisation in advancing green technology and global collaboration or how chemistry can create a sustainable future, the risks and rewards of current uses of IP, and how standardisation can provide access to green technology at reasonable prices. It's getting hot out there!

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

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. To date, the decree has yet to be drafted.

Publishing

Publishing Law Contracts Licensing

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

FEBRUARY 7, 2024

After all, text and data mining is the technological approach by which generative AI systems are trained. As research organizations are typically publishers’ customers or using content available under open access licenses, STM publishers were generally supportive of this exception.

Editing

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

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). Section 20b UrhG, which was previously only applicable to cable retransmission, has been revised to be technology neutral.

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

Meanwhile, the Science, Innovation and Technology Select Committee is currently conducting an inquiry into the impact of AI on several sectors including the creative industries. 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

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. For more information, see Cleary IP and Technology Insights blog-post, Agreement reached on the EU AI Act: the key points to know about the political deal (14 December 2023). [7] 4(1) and 4(3).

IP

IP Copyright Art Related Rights

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

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

Copyright Social Media Copyright Infringement Publishing

[Guest post] Litigation commenced against the developers of AI image generation software

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. an integral and essential part of a technological process; 4. temporary copy which is; 2.

Litigation

Litigation Copying Copyright Designs

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

Generative AI also showed its power in creating clear, sustained text in a variety of formats and styles with the launch of ChatGPT in November, generating daily interest in the news, debates over bans in schools , universities , scientific conferences and websites and speculation that the technology could be baked into Microsoft Office.

Copyright

Copyright Art Fair Use Registration

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

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). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.

Copyright

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

The IPKat

AUGUST 24, 2021

Such discretion ranges from the very option to do something in the first place to shaping the actual content of rights and rules. An example of the former is the possibility, under Article 12, to provide for collective licensing with an extended effect. The proposed Italian provision does not do any of the above. In fairness, not.

Publishing

Publishing Copyright Related Rights Law

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

Those versed in the intersection between IP rights and technology know that computer programs protection has always caused inevitable frictions IP law. Additionally, all proprietary and open source software licensing rely on copyright protection.

Copyright

Copyright Public Domain Intellectual Property Database Right

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

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. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3 9] (a) Art.

Copyright

Copyright Publishing Journalism Art

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

Sunday Surprises

The IPKat

JUNE 26, 2022

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. The website of the event contains information about the programme and registration.

Intellectual Property

Intellectual Property IP Registration 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. Image Source:gettyimages]. Highlights of the WTO TRIPS waiver proposed by South Africa and India.

IP

IP Related Rights Patent Technology

Kluwer Copyright Blog

OCTOBER 7, 2021

In this context, other than the obligatory vague mention of the use of blockchain technologies, reference is made to the publication (later in 2021) of an ongoing study on copyright and new technologies, which will focus on copyright data management and artificial intelligence.

Copyright Law

Copyright Law Copyright Law Television

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

Kluwer Copyright Blog

MARCH 14, 2022

It followed the UKIPO’s previous, more exploratory inquiry into anticipated interactions between IP protection across the board and AI technologies , this time with limited, but more targeted questions. A third alternative: the related rights approach.

IP

IP Public Domain Copyright Intellectual Property

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).

Copyright Law

Copyright Law Copyright Law Reporting

Generative AI and copyright: Convergence of opt-outs?

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

Copyright Fair Use Publishing Reporting

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP

IP Intellectual Property Invention Copyright

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

Kluwer Copyright Blog

JUNE 28, 2021

According to the Resolution, the development of the digital environment and of new technologies has made it easier, especially during the Covid pandemic, for all fans to access sports events broadcasts on all kinds of devices, increasing potential exposure to illegal content and enlarging the number of people who can access such broadcasts.

Television

Television Copyright Blogging Law

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

Understanding Compulsory Licensing and Access to Essentials

Trending Sources

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

SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

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

Wednesday whimsies

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

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

A summary look at the Portuguese transposition of the CDSM Directive

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

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

Protection of Nonfungible Tokens in Indonesia

How artificial intelligence works in relation to copyright

Friday Fantasies

Whither a Signal-Based Broadcast Treaty?

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

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

Sunday Surprises

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

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

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

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

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

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

[Guest post] Litigation commenced against the developers of AI image generation software

AI and copyright in 2022

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

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

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

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

Sunday Surprises

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

EU copyright law round up – third trimester of 2021

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

EU copyright law round up – fourth trimester of 2021

Generative AI and copyright: Convergence of opt-outs?

AI and IP – A real conversation starter

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

Stay Connected