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Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Right of remuneration (Sections 32 et seqq. Copyright contract law (Sections 31 et seqq. Capacity to be subject to legal action.
The rapid change and uncertainty in the realm of AI and copyright raises the inevitable question of how to legally enable users to access high quality and compliant materials for use in AI systems, given the variability and attendant uncertainty about the scope of rights and exceptions and limitations.
15 of DSM Directive introduced a relatedright for press publishers to control the online uses of their press publications by information society service providers (ISSPs). They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation.
The first edition was published in 1990 and it is now in its 6th edition, updated from its previous version which was published in 2015. Topics include the evolution of the performers’ rights in the UK, through to all key aspects of the rights, such as subsistence, duration, ownership, licensing, remuneration, infringement, and exceptions.
And it’s published under a creative commons license, with the text available on his website here. Taubman’s edited collection of essays looking into the WTO TRIPS negotiation history, published in 2015 and is available here. Watal and A.
In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and relatedrights”.
Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3 9] (a) Art.
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 relatedrights) (i.e.,
In 2015, the CJEU ruled in the Reprobel judgment that publishers are not entitled to such fair compensation ab initio, as they are not among the reproduction rightholders and do not suffer actual harm from the private copying limitation [see The IPKat here ]. 5(2)(b) [private copying exception] Directive 2021/29/EC and Art.
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