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Welcome to the fourth and final trimester of 2021 round up of EU copyrightlaw! In this series, we update readers every three months on developments in EU copyrightlaw. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) Photo by Markus Spiske on Unsplash. 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.
Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing CopyrightLaw 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.
Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Relatedrights. The BGH issued a decision on this point in 2017.
by Deborah De Angelis On March 16th , Meta (the American information technology company which owns Facebook, Instagram, and WhatsApp) removed the music catalogue of SIAE, the Italian copyright collecting society, from its services due to the parties’ inability to reach an agreement to renew the pre-existing licence. 17 (4), a). 4 (5) D.Lgs.
Italian Law Historically speaking, the Italian regulation of CMOs is peculiar. In fact, until 2017, when the Decree-Law No. Following the reform, other CMOs are allowed to manage copyright on behalf of authors and publishers. 35/2017, whose Art. 633 of 1941).
Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyrightlaw. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyrightlaw.
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. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyrightlaw.
A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.
Under the CopyrightLaw, certain copyright and relatedrights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Introduction. Such remuneration is payable only to CMOs. Legislative background.
According to PM, the specific musical repertoire in question was not represented by any collective management organisation (CMO) in Greece or abroad and, therefore, no copyrights, relatedrights, performance rights, or any other rights of third parties were owed.
4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek CopyrightLaw ( L. 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 ).
Thus, copyright protection in the work subsists, with authors having the exclusive right to authorise or prohibit the economic exploitation, including the reproduction, of their works. In this respect, it should be noted thar there is a clear difference between works protected by copyrightlaw and works protected under the CCH.
Parts 2 to 4 will address exploitation rights, relatedrights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyrightlaw. The case law of that copyrightlaw senate of the BGH from 2015 to 2019 is summarised below.
The Guidelines are overall quite intriguing, including having regard to copyright under Article 7. But, before we jump onto copyright, a small yet key notation is warranted. The Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g.,
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