Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). licenses for specific uses). However, it is only a first step towards making user’s rights a reality.

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JIPEL Copyright Blog

APRIL 23, 2021

To get around the tangle of copyright law. There are two types of copyright registrations available for music: composition rights, which can cover lyrics and sheet music, and sound recording rights, which cover the actual recording of the song. The label can then license the music and receive a portion of the royalties.

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Copyright Law Copyright Law Music 45

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

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Blogging Copyright Contracts Cease and Desist 80

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.

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Contracts Music Related Rights Television 52

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

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Contracts Designs Design Copyright Law 60

IP and Legal Filings

JULY 21, 2022

Copyright ensures certain minimum rights and it has never been an absolute right. If copyright protection is applied rigidly, it will hamper progress of the society. Along a similar line, the USA also offers blanket licensing through the national RRO (Reproduction Rights Organization). The number suggests its misery.

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Copyright Licensing Higher Education Copying 90

Copyright Lately

MAY 7, 2021

In 2019, Warner Bros. Jeff Miller and Sasha Jenson—licensed rights to Warner without Duthie’s participation. As Warner points out, just because a lawsuit may involve a copyrighted work, this doesn’t mean that it necessarily arises under the Copyright Act.

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Ownership Copyright Copyright Law Television 86

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1.

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Law Music Copyright Art 61

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 102

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

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Copyright Law Copyright Law Contracts 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

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. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

The IPKat

FEBRUARY 3, 2023

It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law. On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

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Kluwer Copyright Blog

AUGUST 18, 2021

Much bigger pressures come from the 2019 Open data and public sector information directive , the 2020 proposal for a Data governance regulation , and the still to be announced proposal for a Data Act. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data. by Tito Rendas. €

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Copyright Lately

JULY 17, 2022

But then, starting in 2015, Travilyn began to serve copyright termination notices on over 50 of Jay’s most valuable compositions, including “Que Sera, Sera,” which became effective in 2019. As a result of these termination notices, much of Jay’s elaborate estate plan was effectively blown up.

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Copyright Music Social Media Publishing 59

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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Copyright Law Copyright Law Art 108

Plagiarism Today

DECEMBER 13, 2022

But both the district court and the appeals court ruled against Genius, saying that their claims were preempted by copyright law. 2: DaBaby Facing Copyright Lawsuit Over His No. 3: Taylor Swift’s ‘Shake It Off’ copyright Lawsuit Dismissed After 5 Years. 1 Hit “Rockstar”.

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Settlement Plagiarism Reporting Licensing 190

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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Artwork Contracts Ownership IP 98

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? You can see his previous posts for us here.

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Fair Use Copyright Reporting Licensing 116

SpicyIP

JANUARY 16, 2022

On 8 December 2021, the Madras High Court delivered an important judgment concerning copyright law. The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. Lemon Tree Hotels Limited (2019 SCC Online Del 6568). paragraphs 39, 42).

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Technology Licensing Artistic Work Copyright 91

The IPKat

OCTOBER 6, 2021

The occasion of the conference is the publication of Eleonora Rosati’s book, " Copyright in the Digital Single Market. Article-by-Article Commentary to the Provisions of Directive 2019/790 ". On October 22, the Fashion Law London will conduct the program, " The Fashion Marketplace: Law and Policy ". Tito Rendas.

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Intellectual Property Copyright Law Registration Copyright 64

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers.

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Copyright Publishing Journalism Art 123

Kluwer Copyright Blog

FEBRUARY 28, 2022

At the time that Directive 2019/790/EU ( DSM Directive ) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service providers for content uploaded by their users. At the core of the Act is a licensing obligation (Sec. Initially in Art. Initially in Art.

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Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. Remuneration of authors under French copyright law before the 2021 Order. The implementation of the CDSM into French law.

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Contracts Intellectual Property Cinema Copying 96

SpicyIP

MAY 23, 2024

Saregama Vodafone Injunction against exploitation of copyright in sound recording and allied copyright work via VAS. He, rightfully, opined that ‘ twin lights can co-exist” for “ composer alone has copyright on a musical work.” Cut to almost 4 decades later, in 2012, the copyright laws in India were amended.

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Music Licensing Copyright Moral Rights 59

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Condé Nast paid $400 for the license, which specified “No other usage right granted.” Figure 1, Slip op.

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Fair Use Derivative Work Blogging Licensing 96

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. But there is more. 79, the BBS case ).

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Copyright Intellectual Property Law Public Domain Copyright Law 55

The IPKat

AUGUST 24, 2021

Beach + sunbathing + copyright = the perfect summer As readers with an interest in EU copyright are well aware, EU Member States had time until 7 June to transpose the DSM Directive 2019/790 [Katposts here ] into their own national laws.

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Publishing Copyright Related Rights Law 131

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

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IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. A core goal of the DSM Directive was to adapt EU copyright law to the digital era, ensuring it could address new practices.

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Copyright Publishing Marketing Marketing 113

Kluwer Copyright Blog

MARCH 8, 2023

Introductory remarks The Greek legislator transposed Directive (EU) 2019/790 (CDSMD) with considerable delay, enacting L. 4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 43bis I.aut.,

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Publishing Art Related Rights Marketing 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

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IP Copyright Trademark Intellectual Property 124

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. To understand the source of the problem, it’s first necessary to understand the copyrighted work at issue in many record label agreements. BACKGROUND. ANALYSIS AND UPSHOT.

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Music Ownership Copyright Law Contracts 98

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). The Falwell court was on solid ground in denying relief on the grounds of an implied license. Simon & Schuster, Inc.

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Copyright Blogging Publishing Fair Use 120

The IP Law Blog

FEBRUARY 23, 2023

Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020. The complaint notes a December 30, 2019 interview which, according to Trump, exemplifies that the rights granted were limited: Woodward: On the record for the book, unless you— Trump: For the book only, right? Only for the book.

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Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

FEBRUARY 23, 2023

Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020. The complaint notes a December 30, 2019 interview which, according to Trump, exemplifies that the rights granted were limited: Woodward: On the record for the book, unless you— Trump: For the book only, right? Only for the book.

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Copyright Copyright Infringement Publishing Derivative Work 52