LexBlog IP

AUGUST 30, 2023

Compensation presupposes culpability and infringement of IP (or related rights) (i.e., It held that taste cannot be characterised as a “work” under directive 2001/29 (DEC C- 310/2017 in T N P LAW). The Court decided that the taste of food and method of production are not subject to IP protection.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

JANUARY 31, 2023

The situation was only different, according to the BGH, in the exceptional cases where providers intentionally collaborated with their customers to commit rights infringements. The “ uploaded III ” case also concerned the infringement of rights of communication to the public via the aforementioned file hosting and sharing service.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

TorrentFreak

JUNE 3, 2023

” Bulgarian ISPs Fight Back One of the ISPs, identified only as ‘N.1’ 1’ in court documents, described the claim as unfounded and inadmissible, adding that it “opposes the active legitimization of the plaintiff.”

Music 144

Music Copyright Infringement Copyright Reporting 144

The IPKat

SEPTEMBER 26, 2024

15 of DSM Directive introduced a related right for press publishers to control the online uses of their press publications by information society service providers (ISSPs). 216/1 and XI.216/2) 216/2) Art. If applicable, is the exception to the notification obligation provided for in Article 7(1)(a) of the same Directive applicable?

Publishing 129

Publishing Art Licensing Confidentiality 129

The IPKat

OCTOBER 4, 2022

However, over the last two decades, the ability of computers to recognise content has become crucial for a wide range of applications (and this is not a list of the capabilities of HAL 9000 in " 2001: A Space Odyssey "). in a shop) and recognised by a camera, through a computed " automatic " process, without the intervention of human review.

Technology 119

Technology Publishing Social Media Intellectual Property 119

Kluwer Copyright Blog

MAY 31, 2022

Following the ECJ ruling, the Austrian Supreme Court denied a communication to the public in the sense of Art 3 para 1 EC Directive 2001/29 (respectively § 18a Austrian Copyright Act). According to the ECJ’s judgment, YouTube does not have to automatically check every video for copyright infringement. by Alexander Puutio. €

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

Kluwer Copyright Blog

JUNE 28, 2021

Directive 2001/29/EC (InfoSoc directive) allows right holders to obtain injunctions against intermediaries whose services are used by third parties to violate copyright or related rights, through the use of judicial authority.

Television 52

Television Copyright Blogging Law 52

Kluwer Copyright Blog

MARCH 21, 2023

The Orphan Works Database contains 6,031 works as of March 6th 2023, whereas a 2001 estimate showed for instance that up to 1.25 The OWD and the CDSM Directive’s OOCW provisions now coexist as two distinct options that cultural heritage institutions can rely on for clearing rights. billion periodicals could be orphan works.

Copyright 105

Copyright Marketing Marketing Licensing 105

Kluwer Copyright Blog

DECEMBER 12, 2022

5] European Commission – DG for Research and Innovation “Study on EU copyright and related rights and access to and reuse of scientific publications, including open access” (2022): [link]. [6] 5(3)n of the Information Society Directive, 2001/29/EC: [link]. [10] [4] Frontiers. “It 8] (a) Art. 9] (a) Art. 8] (a) Art.

Copyright 130

Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

SEPTEMBER 20, 2023

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.

Art 83

Art Copyright Law Copyright Music 83

Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994.

Copying 59

Copying Law Related Rights Copyright Law 59

Kluwer Copyright Blog

JANUARY 23, 2024

Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it. The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).

Copyright Infringement 127

Copyright Infringement Copyright Law Journalism 127

Kluwer Copyright Blog

JULY 16, 2021

This type of solution, in which the private copying levy will go to artists whose works are not subject to the Copyright Act and do not involve ” reproduction “, is contrary to the Article 5(2)(b) of Directive 2001/29 of the European Parliament and of the Council of 22 May 2001.

Copying 52

Copying Law Copyright Law Copyright 52

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing 59

Publishing Law Contracts Licensing 59

Kluwer Copyright Blog

JANUARY 18, 2023

However, the limits of the scope of protection of the right of reproduction as harmonised under Article 2 of Directive 2001/29/EC (InfoSoc Directive) can only be drawn where the creative elements of the existing work can no longer be recognised in the new work ( CJEU C-476/17 paras.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing 52

Publishing Law Contracts Licensing 52

The IPKat

MARCH 7, 2025

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. 2(b) and 3(2)(a) of Directive 2001/29, and Arts. 2(b) and 3(2)(a) of Directive 2001/29, and Arts.

Law 112

Law Art Contracts Government 112

The IPKat

NOVEMBER 10, 2024

2 and 3 of Directive 2001/29 as well as Arts. Conformity with Directive 2001/2 and Directive 2006/115 The AG first reminded that, in light of international treaties and the EU acquis, performers’ rights are exclusive rights and not remuneration rights. 3 and 7 to 9 of Directive 2006/115.

Law 110

Law Contracts Art Government 110