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

TorrentFreak

MAY 12, 2023

“Most Voluminous” Copyright Decree Ever Issued in Vietnam Global IP services firm Rouse reports that with 8 chapters and 116 articles, Decree 17 is the most voluminous copyright decree ever issued in Vietnam. At first blush, it appears to herald a new world of opportunities for rightsholders.

Intellectual Property Law 121

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 121

TorrentFreak

MARCH 22, 2024

Videos uploaded to the platform were embedded on many other streaming sites, the MPA reported, and as a result, traffic was booming. The Paris court noted that the site “encouraged the infringement of copyright and related rights by setting up tools specifically designed for the mass and illicit sharing of protected content.”

Reporting 100

Reporting Intellectual Property Designs Design 100

TorrentFreak

JANUARY 16, 2024

In a report published this week, BREIN said the VR worlds specifically catered to pirates, offering thousands of links to pirated streams, which could be enjoyed through VR headsets. BREIN reported these pirate worlds to San Francisco-based VRChat, which took them offline in response.

Cinema 87

Cinema Related Rights Technology Reporting 87

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders.

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Registration Copyright Law Copyright Intellectual Property 67

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.

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

Copyright 104

Copyright Related Rights Reporting Intellectual Property 104

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. UMG Recordings, Inc. Grumpy Cat Limited v.

Copyright 91

Copyright Social Media Copyright Infringement Publishing 91

TorrentFreak

MAY 8, 2022

b) the services of the ISP are used by a third party to infringe copyright or related rights in the territory of that Party. However, it specifically references a report from the U.S. In the same report, the Copyright Office also stressed that further research would be required on the effect and impact of a U.S.

Intellectual Property 136

Intellectual Property Government Copyright Reporting 136

The IPKat

DECEMBER 15, 2022

More on this in a separate post… And here are matters this Kat is keeping 3 of the 5 senses, alert for: As reported on The IPKat in May , the Africa Group at WIPO proposed a Work Program on Limitations and Exceptions (L&Es) to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR).

IP 134

IP Patent Intellectual Property Government 134

TorrentFreak

JUNE 3, 2023

Reporters who attempted to interview Geshev as he left court suddenly found themselves attacked by security guards. Research cited in the blocking decision reported 27,000 files containing music available via The Pirate Bay and 44,000 on Zamunda. ” Bulgarian ISPs Fight Back One of the ISPs, identified only as ‘N.1’

Music 131

Music Copyright Infringement Copyright Reporting 131

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

TorrentFreak

DECEMBER 16, 2022

As reported in February 2022, notices published on the Lumen Database referenced well over one hundred pirate sites, all of which had been previously blocked for copyright infringement under the orders of the High Court in London. Voluntary Deindexing Confirmed Elsewhere in Europe. They too were destined for search result oblivion.

Publishing 90

Publishing Television Government Copyright 90

Kluwer Copyright Blog

JUNE 28, 2022

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

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). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright 108

Copyright Related Rights Law Copyright Law 108

Kluwer Copyright Blog

APRIL 22, 2022

Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs. This two-part blog post contains a summary of our report’s conclusions and recommendations.

Music 67

Music Copyright Derivative Work Ownership 67

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work.

Moral Rights 76

Moral Rights Database Right Designs Design 76

Kluwer Copyright Blog

FEBRUARY 12, 2023

One of its main purposes is to set common minimum requirements regarding the governance, financial management, transparency and reporting of the CMO themselves (for an earlier analysis, see here ). The CRM Directive aims inter alia at strengthening the protection of the interests of members of CMOs, rightholders and third parties.

Copyright 67

Copyright Law Marketing Marketing 67

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

MARCH 24, 2023

The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works. Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act).

Copyright 82

Copyright Moral Rights Fair Use Related Rights 82

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. Image by Ag Ku via Pixabay. This was the first time since the COVID-19 pandemic started that most of the delegates were reunited in person.

Copyright 104

Copyright Intellectual Property Publishing Reporting 104

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) What is the reporting obligation? What is the reporting obligation? When does the reporting obligation apply?

Reporting 52

Reporting Music Related Rights Licensing 52

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

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 52

IP Related Rights Patent Technology 52

The IPKat

AUGUST 1, 2021

Here is his report. The first case ( 4 Ob 40/21t – in German) relates to the operation of an online video recording device. Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 2(a) and (e) and Art.

Television 145

Television Art Advertising Advertising 145

TorrentFreak

JANUARY 22, 2023

” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned. The same would’ve applied to any new applicants but if there have been approvals, they are yet to be reported.

Copyright Law 119

Copyright Law Music Law Copyright 119

Kluwer Copyright Blog

AUGUST 18, 2021

The Commission units in charge of public sector information policy have successfully chipped away at the sui generis right, the successive units responsible for copyright so far seem to have favoured a status quo. because there is no public access regime that applies, or because third parties own intellectual property rights.

Government 56

Government Database Right Intellectual Property Copyright 56

The IPKat

SEPTEMBER 26, 2021

Ultimately, the CJEU ruled that, lacking a licence to communicate/make available to the public TV programmes outside of the relevant territory (in that case: Italy), the provider of a cloud-based recording service would be in itself infringing copyright and related rights. They nonetheless represent a welcome reminder.

Copying 98

Copying Copyright Law Related Rights 98

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music 56

Music Copyright Related Rights Ownership 56

Patently-O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

Litigation 105

Litigation Intellectual Property Business Government 105

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 82

Music Intellectual Property Copyright Technology 82

Kluwer Copyright Blog

APRIL 5, 2022

We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? According to reports (e.g. End of 2021.

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

JANUARY 31, 2023

“ YouTube II ” concerned the infringement of the right of communication to the public as per Article 3 of the Copyright Directive (2001/29) in relation to copyright and related rights in various music tracks.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

DECEMBER 26, 2021

This becomes quite evident when one looks at the number of institutional policy reports that have been issued in the past three months. European Parliament, Report on the situation of artists and cultural recovery in the EU. See Communia’s report of the initial meeting here. We reported on this here. CJEU judgments.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

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 40

IP Intellectual Property Invention Copyright 40

Kluwer Copyright Blog

JUNE 28, 2021

Just with regards to Italy, the report issued in 2019 by FAPAV ( here ) concludes that almost 5 million Italians have declared that in 2018 they have illegally watched live sports content, streamed on their devices (computer, tablet, smartphone, smart TV) or with friends and family.

Television 52

Television Copyright Blogging Law 52

TorrentFreak

SEPTEMBER 6, 2023

Then this April, after failing to improve enough on IP protection to warrant praise from the United States in its Special 301 Report, Bulgaria approved a draft law that in part would criminalize pirate site operators. . The country reportedly requested assistance from the U.S. TrafficNews.bg

Intellectual Property 100

Intellectual Property Television Reporting IP 100