Kluwer Copyright Blog
NOVEMBER 22, 2021
Related rights. In addition to rights of the author, German copyright law also recognises related rights. An exhaustion of the right of distribution under Section 69c No. Reporting on current events (Section 50 UrhG) and right of quotation (Section 51 UrhG). Exception provisions.
The IPKat
JULY 15, 2024
The dispute and the question referred to the CJEU are mainly based on the fact that the concept of “communication to the public” within the meaning of Article 3(1) of Directive 2001/29/EC is divided into several rights in German law, that can all be licensed separately. Kat enjoying TV. FCJ, case no. I ZR 21/14 - Königshof).
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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.
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.
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.
The IPKat
SEPTEMBER 26, 2021
Ultimately, the CJEU ruled that, lacking a licence to communicate/make available to the public TV programmes outside of the relevant territory (in that case: Italy), the provider of a cloud-based recording service would be in itself infringing copyright and related rights.
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.
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