Copyright is a system of legal rules whose primary goal is to encourage the creation of literary and artistic works. The rules should be designed to strike a delicate balance between different societal interests: to encourage authors to create and disseminate their creations, copyright gives them a set of ownership rights in their works, and […]

The open letter is a reaction to the CJEU’s notice that the date for the Advocate General’s opinion in the case C-401/19, which regards Article 17 of DSM Directive and compliance with users’ fundamental rights, will be postponed by almost three months. This can crucially affect the highly-anticipated Commission guidance for Article 17 implementation that […]

The new Commission’s proposal is the combination of the first-ever legal framework proposal on AI – Regulation on Harmonised Rules on AI, the new Coordinated Plan with Member States on AI, and the New rules on Machinery. The new rules will apply directly and uniformly in all EU Member States, and they follow a risk-based […]

At the lecture, professor dr. Michael Grünberger will present a document titled “Copyright Law 2030: A memorandum on the future of the creative ecosystem in Europe”, which, through the ten theses, addresses the relevant copyright issues and presents a good starting point towards a better copyright law regulation by the year 2030. The lecture will take […]

ABC is a public-private partnership under the flagship of World Intellectual Property Organization (WIPO), which includes different organizations and institutions for blind and visually impaired people. In order to offer as many books as possible in an accessible format for the blind and visually impaired people, ABC has launched a new free application through the […]

The research focuses on the materials, tools, methods, as well as the obstacles and difficulties encountered by the teachers during remote education. Its purpose is to collect data that can support advocacy work in the area of copyright exceptions for education in the European Union. You can participate in the survey by filling out a […]

At the webinar, two new exceptions and limitations on copyright for data and text mining, will be presented. The exceptions and limitations are determined by the new Directive on copyright and related rights in the Digital Single Market (DSM Directive), which should be implemented into national legal order by June 2021. The legal certainty of […]

The event will begin at 18:00 CET and will be lead by Christophe Geiger and Bernd Justin Jütte, authors of the piece “Platform liability under Article 17 of the Copyright in the Digital Single Market Directive, Automated Filtering and Fundamental Rights: An Impossible Match”. The lecture will deal with the new liability regime of online […]

On 22 March at 14:00, more than 100 research and educational institutions, and more than 150 international academics and other experts first released a public statement, calling upon the World Trade Organisation (WTO) to temporarily suspend some of its copyright rules, which would help the prevention, containment and treatment of the COVID-19 virus. The statement […]

At the webinars, dr. Maja Bogataj Jančič explained what data analytics or text and data mining (TDM) is, she presented the two new TDM exceptions in the new copyright EU Directive 2019/790, and identified future challenges for the Slovenian legislator that has to implement the Directive by June the latest. IPI plans to organise more […]

EU legislator is conscious of the importance of this field, hence it is regulated in the new DSM Directive 2019/790, which introduces two new copyright exceptions for the so-called “Text and Data Mining” (TDM). Here at Intellectual Property Institute (IPI), we undertake to organise several webinars regarding TDM, in particular: – the first one on […]

At the Salon, the German proposal for the implementation of the DSM Directive will be discussed for the second time, after the original proposal was the subject of the third Communia Salon in July last year. Dr. Martin Bittner and dr. Thomas Ewert (both German Ministry for Justice and Consumer Protection) will present the new […]

CTK director, Miro Pušnik, opened the event by initially explaining what Coalition S is, and briefly going through its history and the membership of Slovenian organisations. Next, Maja Vihar, a information specialist for natural science at CTK and a member of two working groups within the Coalition S Expert Group, gave a lecture on Coalition […]

On the Eight Day show, dr. Maja Bogataj Jančič talked with Polona Balantič, a reporter at RTV. She explained the importance of distinguishing between property rights and copyright, and the difference between material and moral copyrights. She also discussed the copyright exceptions and limitations, in particular the quotation and parody exceptions. The Eight Day show […]

The lecture will deal with different issues related with the authorship of professional and scientific papers, such as: does practice in the field of professional and scientific publications follow copyright law; what are the sanctions for infringement of moral copyrights; what are the sanctions for infringement of ethical codes. The main goal is to present […]

Is the use of the athletes’ image rights strictly commercial, or are their personality rights infringed as well? How (if at all) is the use of image rights regulated? Is there a better way to regulate it? All these issues are discussed by Timotej Kotnik Jesih in his article “Commercial exploitation of athletes’ image rights” […]

The webinar will take place from 14:30 until 16:00, and dr. Maja Bogataj Jančič will discuss copyright law basics, as well as copyright in education. Special emphasis will be placed on issues regarding permitted uses of content online, uses of books and textbooks, and OER. The lecture will also touch upon (in)adequacy of Slovenian copyright […]

In light of Slovenia’s EU Council presidency, prof. dr. Simona Kustec, Slovenian Minister for Education, Science and Sport already held several meetings in January 2021. On 19 January, prof. dr. Kustec met with European Commissioner for innovation, research, culture, education and youth, Mariya Gabriel. They identified digital transformation, artificial intelligence, and a new vision for […]

This year’s Open Knowledge Day consisted of two parts, whereas the first part focused on the exceptions and limitations for education, research libraries, and data analytics, and the second part focused on the implementation of Art 17. Part 1: Copyright exceptions and limitations in the DSM Directive for education, research libraries and data analytics The […]

At the Salon, the discussion will revolve around the controversial Art 17 DSM Directive and especially about the need for the implementation of ex-ante user rights safeguards that would prevent legitimate uploads from being automatically blocked. The Salon will host Julia Reda (former MEP and project lead at GFF), Viveca Still (Senior Copyright Advisor, Ministry […]

This year’s event will see the participants debating about the new EU Directive on copyright and related rights in digital single market, exceptions and limitations for education, research libraries, data analytics, as well as the Art 17 of the new Directive. The event programme in full is accessible here. The event will consist of two […]

After Hungarian schools and universities turned to remote teaching on 16 March 2020, the Hungarian Ministry of Justice decided to adapt to the new reality, joined forces with 150 civil organisations, and adopted the Decree 125/2020, which brought amendments to Arts. 33, 34, and 35 of the Hungarian Copyright Act. This introduced the new Art 33A, […]

While DSM Directive implementation deadline is fast approaching, EU member states find themselves at different stages of implementation procedures, which is no different for Art 17. So far, only a handful of member states have introduced their implementation proposals, while others (including Slovenia) are most likely waiting for European Commission’s guidelines: Netherlands: Netherlands is the […]

Artificial Intelligence (AI) has an ever growing effect on all aspects of our lives, and intellectual property is no exception. The issue of AI’s significance for IP has been increasingly discussed at WIPO as well, with WIPO already organising three Sessions of Conversation on IP and AI over the past two years. Dr. Maja Bogataj […]

The question of how the applicant’s fame and anonymity can affect trademark protection was discussed by Timotej Kotnik Jesih through the analysis of recent cases involving the footballer Lionel Messi and Banksy, the street artist. His article “From Messi to Banksy: how fame and anonymity of trademark applicants affect trademark protection” was published in Pravna […]

This year, the Open Knowledge Day will focus on the new Directive on copyright and related rights in the digital single market and will consist of two parts: Copyright exceptions and limitations in the new Directive, related to education, libraries, and data analytics. The first part of the event will be moderated by dr. Maja Bogataj […]

The main topic of the talk, led by Regine Debatty, will be Jill Magid’s film “The Proposal”, which is about an architect Luis Barragan, known as “the artist among architects” and about artists’ fight for democratization of access to art. In this respect, the talk will also discuss what is capitalism’s relationship to art and […]

New Data Governance Act proposal is the first of a set of measures announced in the 2020 European strategy for data. The strategy is a plan for European digital transformation over the next five years, intended to establish an uniform European way of data governance, as well as a single data market that would enable […]

The report takes a deep dive in copyright and patent protection for AI-generated or AI-assisted outputs, particularly in the fields of science, media, and pharmaceutical research. The report explains that the current state of the art of AI does not (yet) warrant radical changes of copyright and patent systems that are supposedly still flexible enough […]

On Wednesday, 18 November CIPPM will, in collaboration with the EnDOW Community, organise an online event titled “Unlocking Orphan Films”, aimed at film lovers and at spreading the knowledge about orphan works. Attendance of the event is free of charge, but a prior registration is required. You can register here. Exactly two weeks later, on […]

The Data Governance Working Group is a part of the GPAI, which is on a mission to support and guide the responsible adoption of AI that is grounded in human rights, inclusion, diversity, innovation, economic growth and that will help to achieve the UN Sustainable Development Goals. For this purpose, the Working kicked off two […]

Iban García del Blanco’s leigslative initiative urges the European Commission to promptly introduce a legislative framework which would regulate AI’s use and development in a way so as to respect the ethical principles and standards and certain legal obligations. The initiative adopted with 559 votes emphasises that future laws must focus primarily on human-made AI, […]

IRCAI, at the moment still located at the “Jožef Stefan” Institute, brings together a network of institutions and experts with the purpose of planning an effective incorporation of use of the AI. So far, IRCAI has already organised a Consultation on Recommendation on the Ethics of AI, and has, during the spring pandemic, used its […]

The session took place online on 5 October between 14:15 and 15:30 and was moderated by Ariadna Matas. The session included three speakers: Paul Keller, Europeana policy consultant, Dorothea Zechmann from Deutsche Nationalbibliothek, and Anne Bergman-Tahon, the director of Federation of European Publishers. They discussed the topic of EU copyright reform analysis and its role […]

The main topic of conversation will remain the Revised Issues Paper on IP and AI. The Third Session’s agenda includes discussions on the definitions, trademark provisions, capacity building, and issues of accountability for decisions in IP administration. Detailed agenda is available here and the procedures can be accessed here. Dr. Maja Bogataj Jančič will take part in […]

In its response to the Commission’s consultation document, the French Government firstly pointed out that the consultation document supposedly strays away from the intended purpose of Article 17 (Article 13 in the initial DSM Directive draft from 2016), since it provides for broader user rights at the expense of the rightholders rights. In doing so, […]

The progress report plans out clear steps to be undertaken in order to achieve a legal instrument that will lead to broader use of AI while respecting human rights, the rule of law and democracy. This is all the more important in the light of the COVID-19 pandemic. CAHAI will presumably address the findings of […]

Who owns the copyright on a tattoo that was put into a client’s skin by the tattoo artist? What if the tattoo artist copied the tattoo off of a preexisting work? Is it possible, in the cases of copyright infringement, to demand and achieve the removal of someone else’s tattoo? Timotej Kotnik Jesih addressed these […]

In July, Coalition S announced the adoption of the “Rights Retention Strategy”, which seeks to achieve free access to research work. The Strategy’s main feature is to make all research works or author accepted manuscripts (AAM) of such works, which are funded by the Coalition S members, freely accessible to the public. Coalition S plans […]

The Commission’s Recommendation dates back to 2011, which is why it is less competent to deal with the issues of rapidly developing technologies in respect to the cultural heritage preservation with each passing year. This point was raised, in its response, by Communia as well. Communia’s response emphasizes the need for a broad definition of […]

In the letter, which received support from the stakeholders that took part in the Commission’s stakeholder dialogue and from other digital and human rights organisations across Europe, the civil society organisations pointed out some of the drawbacks of the Commission’s consultation paper, which could result in user rights’ infringement. The consultation paper for example, despite representing […]

When Slovenia joined the EU it forwarded its list of quality wines to the European Commission. Amongst the wines recognised with the national legislation was also the designation “Kras, teran”. On 17 February 2006 Slovenian protected designation of origin “Teran” was registered in the database of EU geographical indications of origin. With this, only Slovenian […]

The online event will take place only three days after the European Commission’s Public consultation on opportunities offered by digital technologies for the culture heritage sector will have come to a close. The aim of the event is to gain the cultural heritage sector stakeholders’ insight on the effects of digital technologies and their proposals on […]

Recently the AG Saugmandsgaard Øe has issued his opinion in the YouTube/Cyando case which is not legally binding for the CJEU but nevertheless sheds some light on the interpretation of EU law. He emphasised that online platforms in principle do not perform an act of “communication to the public” in line with Art. 3(1) of […]

In the consultation document the Commission, alongside 18 questions aimed at stakeholders who participated in 6 dialogues between October 2019 and February 2020, presented important clarifications in regards to Article 17. Regarding the nature of the right, introduced with Article 17, the Commission explained that it is a special (sui generis) right with respect to […]

In her blog post, Jenni Tenison provides details on the first projects of the GPAI Working Group, the first being agreeing a data governance framework, setting a unified scope, structure and vocabulary for the Working Group’s future work. This will be produced by the Working Group itself. The second project concerns an investigation on The […]

The dispute began in 1997 when the company Pelham used two-second sound samples from Kraftwerk’s “Metall auf Metall” soundtrack to produce the “Nur mir” song. Kraftwerk, as the producer of the phonogram, on which “Metall auf Metall” was originally recorded, filed suit, claiming that Pelham infringed its related right to reproduction. The case made its […]

The new Article 17 DSM Directive is one of the most controversial ones, because it introduces a new liability regime for the online content-sharing service providers (online platforms) for the content uploaded by their users. With this, Article 17 invites content overblocking by way of using non-sophisticated filters, which can lead to unjustified infringements of […]

The event is a Sub-Regional Consultation for European states from UNESCO electoral Group II and is, besides IRCAI, jointly organised by Slovenian Ministry of Education, Science and Sport of the Republic of Slovenia, the Slovenian National Commission for UNESCO and UNESCO HQ. The Consultation will focus on the draft Recommendation on the Ethics of Al […]

The European Commission invited interested stakeholders, especially citizens, cultural heritage institutions, international organisations, research organisations and academia, to provide feedback on the Commission Recommendation of 27 October 2011 on the digitisation and online accessibility of cultural material and digital preservation. Public consultation seeks to receive suggestions for an unified policy instrument to support the digital […]

This 3-day event focused on different issues. The topic of the first day was IP protection for AI-generated and AI-assisted works and inventions and related topics. The second day analysed the questions of patentability, inventive step and disclosure. On the third day copyright exceptions, data rights and trade secrets were discussed. Each day, introductory presentations […]

The GPAI was founded upon the initiative of Canada and France, with Slovenia being one of its founding members. Dr. Maja Bogataj Jančič, who acts as a co-chair of the GPAI Data Governance Working Group, together with Jenni Tennison, Open Data Institute Vice President, took part in the introductory meeting as well. Dr. Maja Bogataj […]

In today’s world, it is clear that the economy heavily relies on innovations and technological developments. With that in mind, the European Commission aims to encourage technological development and achieve the recovery of European economy through uniform intellectual property policy management. The Intellectual Property Action Plan addresses the issues, which are still present across the […]

A Hungarian company wanted to register a national three-dimensional mark consisting of the shape of decorative products they produced (see the picture). What is special about these products is that they are always in equilibrium due to their convex homogeneous body with one stable and one unstable point which is the result of certain mathematical […]

CC Global Summit 2020 will take place between 19 and 24 October and will be the first such event held entirely online. This year’s theme is the values that shape CC and that help open community build a more equitable, inclusive and accessible world. For this purpose, CC calls for proposals to be submitted by […]

Communia uploaded video recordings from four webinars that addressed the following provisions of the new DSM Directive: – Press Publishers’ Right (Art. 15); – Text and Data Mining and Education Exceptions (Arts. 3-5); – Use of Content by Online Platforms (Art. 17); – Cultural Heritage Provisions (Arts. 6, 8-11, 14). You can watch the video […]

As Communia continues to organise online events that shed light on implementation status of the new EU Directive 2019/790 on Copyright and related rights on the Digital Single Market, the third Salon is dedicated to discuss the new German proposal to implement Article 17 of the Directive, which includes new provisions that supposedly strengthen the […]

GPAI, which will have its Secretariat based at OECD in Paris, seeks to bring together top-class experts and support research and projects related to the following subject matters: – resposible AI; – data governance; – the future of work; – inovation and commercialisation; – use of AI to tackle COVID-19. The founding members of the […]

Creative Commons organisation took part in the Consultation as well, by submitting their comment wherein they oppose premature copyright regulation of AI generated outputs, highlight the need for broad copyright exceptions and limitations to ensure open access, and emphasise the necessity for efficient Text and Data Mining (TDM) exception. Dr. Maja Bogataj Jančič assisted in […]

Exactly one month after a successful first online Salon on implementation status of the new EU Directive 2019/790 on Copyright and related rights on the Digital Single Market, Communia will hold a second one, intended to shed light on Article 17 and mandatory copyright exceptions and limitations contained therein. The event will host three speakers: […]

The following licences are available: – CC BY 4.0 (Attribution) – CC BY-SA 4.0 (Attribution-ShareAlike) – CC BY-ND 4.0 (Attribution-NoDerivatives) – CC BY-NC 4.0 (Attribution-NonCommercial) – CC BY-NC-SA 4.0 (Attribution-NonCommercial-ShareAlike) – CC BY-NC-ND 4.0 (Attribution-NonCommercial-NoDerivatives) We have also translated the universal “licence” or rather the waiver CC0 that enables you to easily dedicate your work […]

In March, MGRT called upon stakeholders to submit their written submissions on the Directives’ implementation by 30 April 2020. Now, all 46 submissions have been published and MGRT has invited the stakeholders to comment on the submissions and to submit their comments by 30 June 2020 to: gp.mgrt@gov.si. IPI has cooperated with the stakeholders, such […]

As the DSM Directive implementation date is fast approaching and EU Member States are stepping up their processes for implementation (track the implementation status in EU Member States here). Slovenia has invited the stakeholders to submit their written observations and suggestions until 30 April 2020. The following webinars will be held, all of which will […]

Free and open licences enable us all to use, share and upgrade them. They prevent vendor lock-in effects and at the same time encourage the free flow of trustworthy information. “It’s a milestone for transparent and open digitization of the European institutions” emphasised Marcel Kolaja, the Vice-President of European Parliament. Source: website of the European […]

The document presents a response to the state of emergency brought by COVID-19 pandemic, which significantly disrupted society organisation across the EU. The author, Teresa Nobre, presented her view on how the fundamental rights can provide legal basis for limitation of copyright in these extreme times. Copyright exceptions and limitations should support education, research and […]

The subject of the said judgement was the interpretation of Art. 3 of the Directive 2001/29 providing for a right of communication to the public and right of making available to the public, and Art. 8 of the Directive 2006/115, according to which the user of a phonogram that has been communicated to the public […]

Ibán García del Blanco, rapporteur for the legislative report said that the report is “the first legislative initiative that the Parliament has tackled from such a holistic approach”, while the rapporteur for report on Intellectual property rights (IPR) for the development of artificial intelligence technologies, Stéphane Séjourné, observed that Intellectual Property Rights (IPRs) “are intended to […]

Exactly one year after the Directive EU 2019/790 on Copyright and related rights on the Digital Single Market entered into effect, Communia will hold an online event (salon), providing updates and insights into the implementation status in EU Member States and in the discussions at the European Commission’s stakeholder dialogue. The event will host four speakers: […]

Thus, IPI puts forward the following events as the most noticeable: Numerous individuals and organizations representing researchers, educators and students sent an open letter to WIPO, urging for action to be taken in order to ensure that copyright systems in the Member States offer support in tackling the Coronavirus outbreak and its consequences (more in […]

Open COVID Pledge has created different voluntary licences that are available to right holders: – OCL-PC v1.0 (This license grants permission to the worldwide public to exercise all of the pledgor’s patent rights and copyrights, royalty free. This license starts on December 1, 2019, and ends one year after the World Health Organization (WHO) officially […]

Last year, the Global Network on Copyright Users Rights (their member is also dr. Maja Bogataj Jančič, IPI) emphasised the importance of TDM exceptions in their Joint Comment to WIPO on Copyright and Artificial Intelligence, prepared as a part of the WIPO’s public call for comments on their Draft Issues Paper on Intellectual Property Policy […]

As public life almost completely halted and moved online, education and research world flipped on its head practically overnight. Attending lectures in person or accessing materials in libraries are suddenly not possible anymore, which clearly demonstrates that an appropriate reaction of copyright regulation is in order if educational and research institutions are to continue fulfilling […]

The need for fast implementation of the new Directive has recently been emphasised by different stakeholders, including authors, as well as researchers, educators and libraries and other cultural heritage institutions. Recently, for example, SAA called for the implementation of the new Directive as soon as the COVID-19 crisis passes, so as »to help authors to be […]

Over the past few weeks, the pandemic has not only shaken the foundations of countries’ health systems around the world, but also clearly emphasised the importance of copyright exemptions and restrictions for scientific and educational development. As scientists have discovered the spread of the virus with the help of copyright exception for Text and Data […]

ABC is a public-private partnership under the flagship of World Intellectual Property Organization (WIPO), which includes different organizations and institutions for blind and visually impaired people and whose aim is to globally fulfill the goals set out in the Marrakesh Treaty and to increase the number of books worldwide in accessible formats. Pursuant to the Marrakesh […]

In November 2019, UNESCO General Conference has set out to establish the first global standard-setting instrument on ethics of artificial intelligence over the next two years. UNESCO General Conference has, at the same time, confirmed that the first International Research Centre of Artificial Intelligence (IRCAI) shall have its seat in Slovenia. To complete the task […]

The amendment implements into Slovenian legislation the EU Directive 2015/2436 to approximate the laws of the Member States relating to trade marks. Consequently, the amendment brings the Slovenian trademark legislation considerably closer to the regulation of EU trademarks. Most notable changes, introduced by the ZIL-1E amendment, are as follows: – the definition of trademark no […]

In EU, data privacy is since 25 May 2018 regulated by the General Data Protection Regulation, which saw private data protection become more harmonised and strenghtened. The processing of personal data is henceforth possible only under specific conditions (see Article 6 GDPR), and GDPR provides for a number of safeguards and rights that allow individuals […]

After being forced to cancel the consultations on the implementation of the new Directive 2019/790 on Copyright and Related Rights on Digital Single Market due to coronavirus outbreak, the Ministry of Economic Development and Technology has extended the deadline for the stakeholders to submit their written submissions. New deadline for submissions is 30 April 2020. […]

An important issue that interests basically every owner of an EU trade mark conducting business in the UK is the status of his or her rights post-Brexit (learn more about this here). More specifically, the panelists were asked about the possible divergence between EU law and British law. Justice Richard Arnold explained that there will […]

Four consultations were supposed to be held on the premises of the Ministry of Culture and Ministry of Education, Science and Sport over the next two weeks, between 18 March 2020 and 27 March 2020. However, due to the virus SARS-CoV-2 (COVID 19) outbreak, the Ministry of Economic Development and Technology has cancelled all the […]

The new Directive 2019/790 in its Article 3 provides for the exception for TDM made by research organisations and cultural heritage institutions for the purposes of scientific research. In respect of this exception, the rightsholders are not only prohibited from preventing researchers from exercising their rights under the exception, but are also required to remove […]

Smithsonian is an institution bringing together 19 museums, 9 research centres, libraries, archives and different affiliates and thus represents the biggest museum, educational and research complex in the world. Digitalisation within the Smithsonian Open Access project lasted for a decade and the result is a base with 2.8 million 2D and 3D works, from portraits […]

It all started in 2017, when Balmain tried to register two graphic trademarks depicting a lion’s head, surrounded by a ring-made chain, before EUIPO. EUIPO rejected the registration for goods in classes 14 (cufflinks and jewellery) and 26 (buttons, shoe press-studs) under the Nice Classification (link) on the absolute grounds that the trademarks were devoid […]

Between 18 and 27 March, four consultations will take place on the premises of the Ministry of Culture and Ministry of Education, Science and Sport. The purpose of these consultations is for the interested public and stakeholders to present their views on the implementation of said Directives in Slovenia. The interested public is also invited […]

Dr. Maja Bogataj Jančič, Intellectual Property Institute was one of the members of the Global Expert Network on Copyright User Rights who endorsed Joint Comment on WIPO’s call on the Impact of AI on IP Policy. Sean Flynn, Program on Information Justice and Intellectual Property at American University Washington College of Law organised the process […]

As explained by Annette Kur from Max Planck Institute for Intellectual Property and Competition Law, the aim of the provision, as explained by the Court of Justice of the EU (CJEU) is to prevent monopolies (Lego Juris case, in which registration of the Lego brick as a trade mark was denied) and enabling a certain […]

United Kingdom has already expressed their intention not to implement the new EU Copyright Directive. For other implications on intellectual property right, please see Timotej Kotnik Jesih and Tilen Zonta’s article (in Slovene), published in Pravna praksa no. 4, 30. 1. 2020.

EU law establishes the doctrine of exhaustion, according to which the distribution right is exhausted with the first sale of goods, on which rights are materialised (such as a CD or a book). In the UsedSoft case, the CJEU decided that the doctrine is applicable in case of online sale of “used” computer programs, under […]

The dispute at hand took place in Germany, where Hütter’s music band Kraftwerk sued Pelham for using a two-second sample of the song on the phonogram in electronic form, published by the Kraftwerk Group. In doing so, Pelham supposedly infringed a copyright-related right to reproduce and distribute phonograms, conferred to Kraftwerk as a phonogram producer […]

Pursuant to Article 14, Member States shall ensure that reproductions of public domain works of visual art cannot be protected by exclusive copyright, and as a result be removed out of the public domain. With Artice 14, DSM Directive seeks to achieve that anyone can freely use reproductions of public domain works of visual art […]

Article 8 of the new DSM Directive stipulates that member states must provide a legal solution to the CHIs in order to allow them to digitise and make available online OOCWs. This can be achieved either through licenses, provided by representative Collective Management Organisations, or through exceptions to copyright. Rights holders, whose works are digitised […]

Article 3 provides exception for free use of works and other subject matter, including databases for scientific purposes, including most commercial ones. Such use is permitted to anyone who has lawful access to content via a cultural heritage institution, educational establishment or a research organization and the exceptions and limitations are protected against contract and […]

Communia’s Guidelines are aimed at local advocates and national policy makers, and have the general objective of expanding and strengthening user rights at a national level beyond what is strictly prescribed by the new Directive. Communia partnered with LIBER (Articles 3 and 4), dr. Maja Bogataj Jančič, head of IPI, IFLA (Article 6) and Europeana […]

Creative Commons explained that ownership of rights on the work is a prerequisite for the use of their licences. If the work is in the public domain, licences cannot be used or rather they are not effective. In such cases, dedication to the public domain is more adequate. There is no doubt that the statue […]

Tjaša Zapušek talked about differences between three different ‘decision-making processes’ that occur as a consequence of three different types of systems, namely, three different types of algorithms. Through this systematization she examined legal concerns regarding foreseeability and certainty of the system’s actions and applicability of existing legal rules. The increasing complexity of algorithms that are […]

Amongst notorious GIs such as Champagne, Feta cheese and Prosciutto di Parma, wines from the Vipava valley (“Vipavska dolina”) can also be found on the list of European appellations. Although Slovenia has many other indications worth of international protection, such as Carniolian sausage (“kranjska klobasa”) and Bovec cheese (“bovški sir”), the named wines have, according […]

Dr. Maja Bogataj Jančič took part in the conference with a lecture “Copyright Education”. She discussed copyright exemptions and limitations that allow access and reuse of copyrighted material for educational purposes. She further focused on the fragmentation of copyright laws across Europe and the fact that the new EU Directive 2019/790 of the European Parliament […]

In a dispute that took place before the court of Milan this year, Banksy, or rather the company that represents his works, filed a lawsuit against the organiser of an exhibition of his works. The court concluded that the sale of merchandise incorporating his famous Flower Thrower constitutes trademark infringement as this work had been […]