2014 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.

Under a New EU-Focused Copyright Law, Musical Artists Currently Earn Nothing

TorrentFreak

JANUARY 22, 2023

Harmonization With EU Copyright Law Under the EU-Moldova Association Agreement of 2014, Moldova was required to reform copyright law to meet EU standards. ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned. 1) from Law no.

Copyright Law

Copyright Law Music Law Copyright

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? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.

Government

Government Related Rights Copyright Law

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. Following on from the CJEU decision in UsedSoft I and the BGH decision in UsedSoft II , the BGH further outlined the issue of exhaustion of copies of works transmitted online in the 2014 UsedSoft III case.

Related Rights

Related Rights Law Copyright Copying

The EU AI Act has been published

The IPKat

JULY 12, 2024

Text and data mining techniques may be used extensively in this context for the retrieval and analysis of such content, which may be protected by copyright and related rights. While the AI Act is not IP-specific legislation, it will have a substantial impact on it, notably copyright and trade secrets.

Publishing

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing

Publishing Copyright Related Rights Social Media

Advertising on Pirate Sites Outlawed in Ukraine Under New Law

TorrentFreak

SEPTEMBER 20, 2023

When Russia invaded and then annexed Crimea in 2014, Ukraine’s vision for the future would be challenged like never before. On its western borders lay peace, opportunity, and the European Union. To the east, war, regression, and Vladimir Putin.

Advertising

Advertising Advertising Law Intellectual Property

DoodStream: Hollywood, Netflix, Amazon & Apple Sue “Rogue Cyberlocker”

TorrentFreak

MARCH 22, 2024

The Paris court noted that the site “encouraged the infringement of copyright and related rights by setting up tools specifically designed for the mass and illicit sharing of protected content.” The case is listed for hearing on April 8, 2014. From: TF , for the latest news on copyright battles, piracy and more.

Reporting

Reporting Intellectual Property Design Designs

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

The IPKat

APRIL 8, 2023

Other Italian and foreign copyright and related rights collecting societies have also claimed that their music catalogues were taken down illegitimately and have requested Meta to restore their music on the relevant services. SIAE claims that Meta did not negotiate transparently. It could test the applicability of Art. 17 (4), a).

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

The Indonesian copyright regime is governed by its Copyright Act of 2014 (‘Act’). The Act mandated the creation of two Collective Management Organizations, or CMAs, one for representing the interests of the authors and the other to safeguard the interests of related rights owners. LEGISLATION IN INDONESIA.

Music

Music Copyright Copyright Infringement Moral Rights

The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

The IPKat

OCTOBER 6, 2024

It is worth recalling that the specific type of content at issue here – that is: photographs – can be protected through copyright (if the pictures are sufficiently original) but also through national related rights (irrespective of their originality), in accordance with the freedom afforded to EU Member States under Art.

Art

Art Copyright Database Right Copying

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) ). The UKIPO has since been speaking with specific stakeholders. The focus in these cases was on parody.

Copyright

Copyright Art Fair Use Registration

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Kluwer Copyright Blog

FEBRUARY 12, 2023

Introduction Last week, a preliminary hearing took place before the European Court of Justice (CJEU), in a case dealing with the implementation of the Collective Rights Management (CRM) Directive (2014/26/EU) in Italy. EU Law On 26th February 2014, the CRM Directive was adopted. The AG Opinion is expected on 11th May.

Copyright

Copyright Law Marketing Marketing

Africa IP Highlights #2: The trademarks arena

The IPKat

DECEMBER 17, 2021

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

Trademark

Trademark IP Registering Trademarks Branding

Cambodia and its RCEP Accession

IP and Legal Filings

NOVEMBER 30, 2022

Most of the provisions in the Law on Copyright and Related Rights from 2003 are similar to those in the RCEP, including the acknowledgment of the exclusive ownership rights of the original creator, the categories of works/creations, and the creation of collective management organisations.

Intellectual Property

Intellectual Property Marketing Marketing IP

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

From 1 May 2014 onwards, PM has cooperated with the company Navarr Enterprises Inc, based in Florida, United States. PM provides image content and background music management services for shops and professional spaces.

Contracts

Contracts Music Related Rights Television

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

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

Kluwer Copyright Blog

MARCH 21, 2023

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.

Copyright

Copyright Marketing Marketing Licensing

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

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

Compensation presupposes culpability and infringement of IP (or related rights) (i.e., See: Supreme Court 1420/2019; Supreme Court 1215/2019; Supreme Court 415/2018; Supreme Court 1051/2015; Supreme Court 1625/2014; Supreme Court 537/2010; and Supreme Court 4/2022. (3)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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. In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used.

Contracts

Contracts Copyright Law Cease and Desist

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

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.

Music

Music Television Copyright 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

Eurasia and IP

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

Since 2014, the Eurasian Economic Commission has held permanent observer status at WIPO. They include the European Union Delegation to Russia, the French Embassy in the Russian Federation, the United States Embassy in the Russian Federation, the Delegation of the Japanese External Trade Development Organisation (JETRO), and others.

Intellectual Property

Intellectual Property IP Contracts Registration

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. 626/2014. (8) Endnotes (1) Decision No. 2916/2022. (2) 2) L 2121/93. (3) 5) See Supreme Court decision No. 438/2018. (6)

Copying

Copying Copyright Law Copyright Editing

Navigating the Global Intellectual Property Landscape: Key Treaties and Agreements

IIPRD

JUNE 24, 2024

7] WIPO Treaties ‘The WIPO Copyright Treaty’ and the “WIPO Performances and Phonograms Treaty” became effective in 2002, [8] marking a notable milestone in enhancing copyright and related rights protection globally, showcasing substantial advancements and international collaboration. It officially came into force on October 12, 2014.

Intellectual Property

Intellectual Property Artistic Work Registration Copyright

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Kluwer Copyright Blog

JANUARY 25, 2022

Courts have reshaped and defined the boundaries of exclusive rights in order to protect core values of the constitutional order (see Geiger & Izyumenko 2014 ; Geiger & Izyumenko 2020 ). Fundamental rights have helped to adapt rules that were shaped for the analogue world to the digital environment.

Copyright

Copyright Intellectual Property Copyright Law Law

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. 3] BGH, 18 September 2014, CT-Paradies, GRUR 2015, 258. [4] 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

Moral Rights

Moral Rights Law Copyright Copyright Law

Intellectual Property Pulse

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

Under a New EU-Focused Copyright Law, Musical Artists Currently Earn Nothing

Trending Sources

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