The ownership of copyright in works is determined by law and may depend on the circumstances under which the work was created. In many cases the author of the work will be the first owner but, for example, some national laws provide that where such works are made by employees, the employer is the first owner of the copyright. Ownership of copyright can be transferred.
On December 17, 2021, in a big win for electronic dance music (EDM) artists, the Dutch Supreme Court held that DJs own phonographic rights (neighbouring rights) in their home-produced recordings – not the record labels that commercially release them. The decision comes in a long-running dispute between world-famous Dutch DJ and EDM artist Martin Garrix…
“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.” The Rift Over Web3 The week before…
In July this year, the Federal Court of Australia handed down a decision in Stephen L. Thaler [2021] APO 5, which allowed listing AI system DABUS as an inventor in a patent application. It is interesting to explore what implications this decision could have in the field of copyright. About the DABUS decision The DABUS case refers…
Although the contract between a makeup artist and her publisher described the artist as the author of the book, the dispute still arose under the Copyright Act because “author” is a term defined under the Act. The dispute between a makeup artist and her publisher over ownership of the copyright to a makeup guide raised…
In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘Happier’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). Marshmello, an American electronic music…
Part I of this post introduced the recent emergence of Non-Fungible Tokens (NFTs), explained their basic characteristics and what they can represent. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis. Where Copyright Law meets Blockchain As anticipated by the examples in Part I…
In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. The end of 2020 Since this is the first issue of our round up, we have also…
Interest in eSports (‘electronic sports’ or competitive video gaming) has accelerated during the COVID-19 pandemic. With many traditional face-to-face sports suspended, eSports have become an attractive viable competitor for self-isolating new and existing fans alike. With no geographic discrimination, an all-digital medium and even ‘anyone allowed to play’ tournament models, eSports is now a nascent…
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…
The relative contribution of a joint author is a factually complicated and difficult matter to assess. The re-trial of Martin and another v Kogan [2021] EWHC 24 (Ch) confirmed this to be the case. We have previously written about this authorship dispute regarding the film Florence Foster Jenkins [here] and [here]. In this post, we…
