Remove 2001 Remove Related Rights Remove Trademark
article thumbnail

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

Kluwer Copyright Blog

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. by Tito Rendas. € by Martin Senftleben. €

Copying 59
article thumbnail

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

Kluwer Copyright Blog

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. by Tito Rendas. € by Martin Senftleben. €

Copying 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

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.

Art 85
article thumbnail

Does food flavouring constitute a “work”?

LexBlog IP

1) He made this request on grounds including trademark law and unfair competition law. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., The request was based on IP provisions as well as trademark and unfair competition law. dishes and seasonings) as works of IP. (1)

article thumbnail

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

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.

article thumbnail

EU copyright law round up – third trimester of 2021

Kluwer Copyright Blog

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.

article thumbnail

The Resolution of the European Parliament on protection of live sport events

Kluwer Copyright Blog

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. by Tito Rendas. € by Martin Senftleben. €