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Maurizio Cattelan v. Daniel Druet: case review

3rd Chamber of Paris Judicial Court’s verdict – Friday 8th of July 2022.

Sculpture-maker Daniel Druet made sculptures for artist Maurizio Cattelan’s artworks’ projects for over twenty years. Now, he wants to be recognized as sole author for eight artworks credited to Maurizio Cattelan.

The case was brought to the Paris Judicial Court.

 

 

 

 

 

 

Maurizio Cattelan – Him, 2001, wax, human hair, suit, polyester resin and pigment, 101 × 43.1 × 63.5 cm, photo: Christie’s

 

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Freedom of expression vs. personal rights in social media: politician Renate Künast wins at the Federal Constitutional Court

On 30 June 2022, we celebrate the annual World Social Media Day. The introduction of the holiday honours the impact of social media platforms on people’s global communication, and not without reason.
Today, almost everyone in the world uses internet platforms to connect and share with others – be it friends, family or even complete strangers we meet on the internet. Social media makes our everyday lives easier, but also open up previously unknown perspectives for the future with new career directions. Read more

ECJ: Upload filters lawful – under certain conditions

On 26 April 2022, the ECJ ruled in Case C-401/19 that the disputed Art. 17(4)(b) and Art. 17(4)(c) last sentence of Directive (EU) 2019/790. c, last sentence, of Directive (EU) 2019/790, which regulates the use of so-called upload filters and which Poland sought to have annulled, does not violate the right to freedom of expression and information enshrined in Article 11 of the Charter of Fundamental Rights of the EU.

The Court pointed out in its decision that Internet platform providers must prove that they meet all the conditions for exemption provided for in Article 17(4) in order not to be held liable for uploads of unlawful content by users for which they do not have the permission of the right holders. Read more

World Intellectual Property Day: Can the playing of certain music be restricted?

On 26 April we celebrate the annual World Intellectual Property Day. The event was launched in 2000 by the World Intellectual Property Organization (WIPO) to “raise awareness of the impact of patents, copyrights, trademarks and designs on daily life” and to “celebrate the creativity and contribution of creators and innovators to the development of societies around the world”.

This year’s theme is “IP and Youth: Innovating for a better future”. Young people have high ambitions to work for a sustainable future. They are also the ones who keep innovating, but still need a lot of financial and social support to develop and protect their ideas and creations. Read more

On International Sports Day – WIPO: Patented ski prostheses approved for Paralympians

The International Day of Sport for Development and Peace (IDSDP), celebrated annually on 6 April, is an opportunity to celebrate the positive role of sport and physical activity in communities and in the lives of people around the world.

Sport in all its forms is highly valued at the professional level or in everyday life, serves to fundamentally strengthen social bonds and promotes sustainable development and peace, as well as solidarity and respect for all. These values are passed on and fundamentally borne by athletes and spectators all over the world, especially at the Olympic and Paralympic Games.

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International Women’s Day: #BreakTheBias copyrighted?

International Women’s Day is just around the corner. On 8th March of each year, women around the world are celebrated and paid tribute to the struggle and emancipation of women.

What is Women’s Day?

The holiday finds its roots in the early 20th century before the beginning of the First World War. At that time, women had been fighting for equal rights and emancipation of women and workers, as well as for equal voting rights for women in a male-dominated society. Read more

Geo-blocking and copyright

The Anne Frank manuscripts case: Geo-blocking is a suitable means of safeguarding copyright

The highly topical case in the Netherlands shows that copyright protection in the digital age still raises questions whose answers are not always clear. In the preliminary decision of the Amsterdam Law Bank of 01 February 2022 (Ref.: C/13/710961 /KG ZA 21-1010), the question was now whether geo-blocking is sufficiently suitable for the protection of copyright of the owner.

Background

The case was brought by the Swiss-based Anne Frank Fund against the Dutch-based Anne Frank Foundation and the Royal Netherlands Academy of Sciences (KNAW), and the Association for Research and Accessibility of Historical Texts based in Belgium. Read more

National Tulip Day

National Tulip Day: legally relevant?

 

In January, the tulip season starts and the official kick-off will take place this year on 15 January with various events, if that is allowed under the COVID-19 measures.

 

The tulip has been an important export product for the Netherlands for centuries, although it is not originally a Dutch product. However, this blog is not about the history of the tulip. The tulip has been the subject of various legal proceedings. Below, one of those legal proceedings will be briefly discussed. Also, the possibilities of the legal protection of a tulip (or any other flower or plant) will be discussed.

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The algorithm of creation, is artificial intelligence an artist per se?

How are the works “created” by artificial intelligence protected in the face of the new resolutions adopted by the European Parliament?

From Deepmind, an English company owned by Google, which has created a program capable of composing music without assistance, to Dreamwriter, a Chinese algorithm that became a victim to plagiarism in 2019, the contribution of new technologies to the artistic world is unprecedented. Recurring themes of the last few months: artificial intelligence (AI) is now used by creative professionals. Originally used for scientific and statistical studies, algorithms are spreading in our information and communication societies. Artists have quickly jumped on the bandwagon and have also made use of these new tools, which are obviously very useful for their creative process. This new technological use, however, tends materially to deconstruct the classical link between the work and the artist, raising questions about the nature of copyright protection, its raison d’être. As the European institutions gradually take up these observations, the question arises as to what extent artificial intelligence in the artistic field contributes to a rethinking of continental copyright protection. Read more

Royal Dutch Football Association promotes sex toys against its will

The pandemic has hit football hard. Many football clubs are struggling financially and sponsors are withdrawing. The effect of sponsorship is limited of course if no matches are being played or being played without an audience. However, the company EasyToys – intended sponsor of FC Emmen – got a lot of attention this season, partly thanks to the prudery of the Royal Dutch Football Association. Read more