The IPKat

SEPTEMBER 26, 2024

They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation. Under these circumstances, the Constitutional Court seeks the following clarifications as to the compatibility of Art.

Publishing 129

Publishing Art Licensing Confidentiality 129

IP and Legal Filings

MARCH 9, 2022

The concept of the Indian Copyright Act, there are two perspectives which can be discussed, it is the Authorship rights of the employers concerning the context of the employment-based on contract, firstly about freelancers and secondly the employees. 483 (2001) ). Tasini Case ( New York Times Co. Tasini, 533 U.S.

Ownership 97

Ownership Copyright Trademark Contracts 97

Patently-O

MAY 2, 2022

On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. ” On appeal, the Federal Circuit found that those contract provisions do not necessarily indicate any intent to experiment with the system design or to ensure that the invention works.

Invention 83

Invention Contracts Licensing Inventor 83

The IPKat

APRIL 18, 2022

Here’s what happened (spoiler alert: Four Tet prevailed on some, but failed in others)… Background Mr Keiran Hebden, who goes by the artistic name of Four Tet, as a music artist, is suing his record label Domino Recording Company for breach of contract. The songs have since returned to streaming platforms.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers. The trends towards paying to perform research”.

Copyright 130

Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

JUNE 20, 2023

However, the Court specified that this UsedSoft judgment exclusively protects computer programs, as the Computer Programs Directive is lex specialis to Directive 2001/29/EC. However, smart contracts merely permit such coded resale royalty commands, they do not ensure their operability.

Artwork 98

Artwork Contracts Ownership IP 98

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. Engineering Analysis Centre for Excellence Pvt. CIT [Supreme Court]. Sanjay Soya Private Limited v.

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

MAY 30, 2022

An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point. 43bis (9)).

Publishing 59

Publishing Law Contracts Licensing 59

Kluwer Copyright Blog

MAY 30, 2022

An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point. 43bis (9)).

Publishing 52

Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

DECEMBER 6, 2023

Should a similar crisis arise in future, these licensing schemes could be actioned again. Licences could be modified or offered in a swift manner, without uncertainty on the legality of the access provided, and, combined with the already existing copyright exceptions, they ensured a balance between all the fundamental rights involved.

Copyright 122

Copyright Publishing Marketing Marketing 122

SpicyIP

MAY 4, 2023

Background In 2001 Music Broadcast Private Limited, which runs the radio station ‘Radio City’, entered into a license agreement with the Indian Performing Rights Society (IPRS), a copyright society , to utilize its repertoire of literary and musical works for FM radio broadcast. The court in Entertainment Network India Ltd.

Music 98

Music Copyright Ownership Licensing 98

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP and Legal Filings

JUNE 27, 2022

The underlying work can only be assigned or licensed in writing by the right holder or agent authorized by him. The Semiconductor Integrated Circuits Layout-Design Act of 2000 along with the Semiconductor Integrated Circuits Layout-Design Rules of 2001, protects the original and unique layout designs. INDUSTRIAL DESIGNS.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. 2001/02:150, p. But there is more.

Copyright 59

Copyright Intellectual Property Law Public Domain Copyright Law 59

Kluwer Copyright Blog

MARCH 14, 2024

Part II will focus on copyright contract law and claims under copyright law. Exploitation (exclusive) rights Germany has implemented the EU provisions governing exploitation (exclusive) rights, as harmonised under Union law in Articles 2 to 4 of the InfoSoc Directive 2001/29, in Sections 15 to 22 UrhG.

Law 69

Law Music Art Copyright 69

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. As such, the exemption is reduced to a priority for individual licensing. 2 of the overall contract, available here ). Photo by Norbert Braun from Unsplash.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Copyright Lately

JULY 17, 2022

Jay died in 2001, and for most of the following years, Tammy received, through Jay’s trust, a share of royalties from the exploitation of his songs. Following termination, the qualifying heirs will “recapture” the assigned rights “notwithstanding any agreement to the contrary.”

Copyright 61

Copyright Music Social Media Publishing 61

Kluwer Copyright Blog

MAY 17, 2023

along the same lines, the presence of a wave of amendments of national copyright flexibilities after 2001 , which, however, regarded only certain categories (e.g., A misleading language is often adopted, e.g., speaking of “sale”, “purchase” and the like, although EULAs are licenses for customers of service providers.

Reporting 52

Reporting Copyright Public Domain Copying 52

Plagiarism Today

DECEMBER 13, 2022

The case is now heading to the Supreme Court, where Genius is arguing that the Second Circuit went against most other circuits and Google argues that Genius is trying to use a contract to invent a new right. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 246

Settlement Plagiarism Reporting Licensing 246

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. The record label business model is simple – labels are in the business of selling and distributing recorded music that they didn’t create. [1] BACKGROUND. ANALYSIS AND UPSHOT. CONCLUSION.

Music 98

Music Contracts Ownership Copyright Law 98

43(B)log

AUGUST 3, 2023

Open Source Smell Culture: perfumers can share formulas using CC licenses. A: resource constraints—but open source hardware only has a set number of licenses, and probably won’t create one for perfume. A: resource constraints—but open source hardware only has a set number of licenses, and probably won’t create one for perfume.

Music 52

Music Art Copying Licensing 52

The IPKat

MARCH 7, 2025

18-23 of the Directive concerning fair remuneration in exploitation contracts of authors and performers. First, the AG suggested that the questions should be reformulated also to address the compatibility of the decree with Directives 2001/29 and Directive 2006/115/EC , where the performers exclusive rights are laid down.

Law 118

Law Art Contracts Government 118

The IPKat

NOVEMBER 10, 2024

18 to 23, which govern fair remuneration in exploitation contracts of authors and performers. 2 and 3 of Directive 2001/29 as well as Arts. In this regard, the AG noted that the Directive broadly speaks of a “contract”, a concept that must be understood to cover any licensing of exploitation or transfer of exclusive rights (para.

Law 110

Law Contracts Art Government 110