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Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.
Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. This claim for information is often asserted in the case of rights infringements on the internet.
Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.
However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) We reported on this here.
The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and RelatedRights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).
In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and relatedrights regarding the specific musical repertoire. It may therefore be concluded that such right is not assigned to a CMO.
Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.
Under the Copyright Law, certain copyright and relatedrights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Further, they have the right to choose whether they will join a Greek or a foreign organisation, and if so, which CMO that will be.
It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions. Law 4481/2017 Article 6 of Law 4481/2017 states: 1.
2121/1993 on “Copyright, RelatedRights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and RelatedRights” ( ΦΕΚ Α’ 100/20.7.2017 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.
This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, relatedrights, exceptions and limitations, copyright contract law and enforcement. 4] BGH, 11 May 2017, Die Höhner, GRUR-RR 2018, 61. [5] 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]
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