Data portability rights are hot in EU legislation. Although these rights are doomed to create conflicts with copyright, neighbouring rights and the sui generis right in databases, their relation to IP has largely remained unaddressed for now. The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data…
Users are increasingly prolonging the lifespan and value of a video game past its initial release date through user-generated content (UGC). The little-understood phenomenon of ‘watching other people play games’ is now a commonplace fact of life online. This phenomenon is responsible for creating game influencers, and those game influencers have also in turn created…
On June 7th, two years after its adoption, the deadline for implementing the DSM Directive finally expired. While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed,…
Summary The IPEC has held than an employee produced software in the course of his employment, despite his claims he did most of his work in his own time, at home, and on a personal computer. In the decision, Penhallurick v MD5 Limited [2021] EWHC 293 (IPEC), Hacon J suggested that such factors did not…
A full summary of this case has been published on Kluwer IP Law In a case between a music publisher and members of the pop group Duran Duran, the Court granted a declaration to the claimant music publisher, finding that service of notices under s.203 US Copyright Act 1976 purporting to terminate assignments of the US…
In this case the court took the position that the non-transfer of economic copyright in a draft building plan did not constitute a breach of the contract of services for designing a construction project if this condition had not been explicitly agreed between the parties. It followed that the transfer of economic copyright must be…
“In addition to the requirement of written form, any transaction or notice aiming at the relinquishment of copyright and thus releasing the work into the public domain further requires the notarization of the written form as a condition of validity.” Under Chapter IV of Law No: 5846 (1) on Intellectual and Artistic Works, the Turkish legal system (2) …
