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Up to now, only sound fixations enjoyed this protection (see the WIPO Performances and Phonograms Treaty – WPPT – approved in 1996 and in force since 2002). An example of this would be the work carried out by AISGE – a Spanish organisation that manages dubbing actors’ intellectual property rights in Spain and abroad.
Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their relatedrights as performers and phonogram producers of “Metall auf Metall”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.
3] Berne Convention for the Protection of Literary and Artistic Works, 1887 ‘The Berne Convention for the Protection of Literary and Artistic Works’, formed on September 9, 1886, is the earliest international treaty on copyrights. [4] The “WIPO Copyright Treaty” incorporates the “exclusive rights of authorizing the reproduction”. [9]
The purpose of this article is to analyse to what extent it is possible to enforce under private law violations of these copyright provisions in Article 53 AI Act. This needs to be done separately and independently from the enforcement through EU copyrightlaw.
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