2014, Licensing and Related Rights - Intellectual Property Pulse

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government

Government Related Rights Copyright Law

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). IPKat here ].

Music

Music Art Copyright Related Rights

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

Rights to distribute and reproduce the work exclusively, as well as the right to grant a license that will allow the copyright holder to collect royalties, are included in this property. According to Section 30, the holder of copyrights may license all or part of his rights to another party.

Music

Music Copyright Copyright Infringement Moral Rights

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2. The focus in these cases was on parody.

Copyright

Copyright Art Registration Fair Use

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts

Contracts Music Related Rights Television

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

For this purpose, the CDSM Directive introduces an extended collective licensing system and a fall-back exception for cultural heritage institutions to digitise and make available online copyrighted materials in their collections that are out of commerce.

Copyright

Copyright Marketing Marketing Licensing

When must public performances of musical works be reported to CMOs?

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting

Reporting Music Related Rights Licensing

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Kluwer Copyright Blog

OCTOBER 23, 2024

Secondary Publication Rights as Enablers of (Green) Open Access SPRs are rights under copyright law that allow authors of publicly funded scientific research to post their published works on institutional websites and repositories, without the need for permission from the publishers that often own the copyrights.

Publishing

Publishing Journalism Copyright Editing

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement.

Contracts

Contracts Copyright Law Cease and Desist

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

Case study: “copyright-free” in-store music and collective management

LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. 24010/21-10-2014 and 23446/15-07-2014. (3) The advertising messages are played at a higher volume than the music. Endnotes. (1)

Music

Music Copyright Television Related Rights

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages. 626/2014. (8) Endnotes (1) Decision No. 2916/2022. (2)

Copying

Copying Copyright Law Copyright Editing

CJEU to decide whether publishers may receive CMO-run funds from private copying

The IPKat

JANUARY 27, 2025

12(4) Directive 2014/26/EU , and (b) be lawful because Sec. 11(4) [use of CMO revenues] and 12(4) [deductions for social, cultural and educational services] Directive 2014/26/EU, as well as Art. 11(4) [use of CMO revenues] and 12(4) [deductions for social, cultural and educational services] Directive 2014/26/EU, as well as Art.

Copying

Copying Publishing Art Copyright

Intellectual Property Pulse

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

UK Government axes plans to broaden existing text and data mining exception

Trending Sources

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

AI and copyright in 2022

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

The Orphan Works Directive is broken but the Commission won’t fix it!

When must public performances of musical works be reported to CMOs?

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Does food flavouring constitute a “work”?

Case study: “copyright-free” in-store music and collective management

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Athens court rules on moral damages in software infringement case

CJEU to decide whether publishers may receive CMO-run funds from private copying

Stay Connected