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AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

The IPKat

Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services? In Austro-Mechana , the question is once again one of private copying in the cloud.

Copying 98
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Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying 55
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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

Related rights. In addition to rights of the author, German copyright law also recognises related rights. This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible.

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Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

Kluwer Copyright Blog

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 52
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Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

This levy is a fee applied to items capable of carrying copyright-protected content for personal copying and is payable at the point of entry or initial local manufacture. In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament.

IP 64
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EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

LexBlog IP

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. 2) Does Article 3 of Directive 2001/29/EC.

Music 52
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Does food flavouring constitute a “work”?

LexBlog IP

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., Applicable legal provisions The relevant law in this case was Law 2121/1993.