LexBlog IP

SEPTEMBER 13, 2023

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.

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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.

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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 ).

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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.

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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.

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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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Copyright Law Copyright Law Copyright Infringement 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.

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The IPKat

DECEMBER 15, 2023

In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament. This Bill aims to repeal the Copyright Act 2001 in its entirety.

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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.

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Kluwer Copyright Blog

OCTOBER 7, 2021

and Right to Know CLG challenged a decision by the European Commission to not grant (free and public) access to harmonised standards adopted by the European Committee for Standardisation (CEN). 4(2) of Regulation (EC) No 1049/2001 ) was that doing so would undermine the copyright protection of the standards at issue.

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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.

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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).

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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.

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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.

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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

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.

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Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

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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.

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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.

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