Kluwer Copyright Blog

NOVEMBER 22, 2021

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. Related rights. 3, second sentence UrhG.

Related Rights 52

Related Rights Law Copyright Copying 52

The IPKat

OCTOBER 25, 2023

The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021.

Related Rights 130

Related Rights Art Journalism Government 130

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU). Kat-negotiations.

Related Rights 80

Related Rights Publishing Licensing Contracts 80

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright 108

Copyright Related Rights Law Copyright Law 108

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. The European Parliament and Council’s decision to adopt directives on copyright law, as opposed to regulations, is consistent with the dynamic character of copyright law.

Copyright 105

Copyright Copyright Law Due Diligence Law 105

Kluwer Copyright Blog

DECEMBER 12, 2022

The new copyright rules relevant to “Big Deals”. Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Under the law of copyright, the authors of works of science are the copyright owners of their published articles.

Copyright 123

Copyright Publishing Journalism Art 123

The IPKat

OCTOBER 6, 2024

The scope of TDM exceptions: extraction and reproduction Like the corresponding EU provisions, the German sections considered by the court are exceptions to specified restricted acts under copyright and other rights: Like Art. In turn, the copying of even a seemingly simple picture may trigger the right of reproduction. (2)

Art 137

Art Copyright Database Right Copying 137

TorrentFreak

JULY 16, 2024

Trio on Trial The men faced trial at the People’s Court of Quang Binh province starting July 11, with local media confirming charges of “Infringement of copyright and related rights” under Article 225 of the Penal Code. From: TF , for the latest news on copyright battles, piracy and more.

Advertising 145

Advertising Advertising Reporting Editing 145

Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. 17 DSM Directive 2019/790 (“DSMD”). .

Copyright 94

Copyright Blogging Fair Use Reporting 94

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? 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.

Government 141

Government Related Rights Copyright Law 141

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive. Copyright Office on August 30. Opting out – but how?

Copyright 98

Copyright Fair Use Publishing Reporting 98

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

Copyright 104

Copyright Related Rights Reporting Intellectual Property 104

The IPKat

APRIL 26, 2022

Fifthly, Article 17 of the Directive introduces several procedural safeguards, which protect the right to freedom of expression and information of users of the abovementioned services in cases where, nonetheless, the providers of the services erroneously or unjustifiably block lawful content.

Intellectual Property 145

Intellectual Property Law Related Rights Copyright 145

SpicyIP

JANUARY 12, 2022

Published in late 2021, Dr R.V.Vaidyanatha Ayyar’s 421 paged “ Present at Creation: The Making of Internet Treaties 1996 ” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

Copyright 64

Copyright Law Editing Related Rights 64

TorrentFreak

JANUARY 10, 2024

TV Report on the Arrests According to the authorities, 30-year-old Tuan sought to buy source code for the sites back in 2019. Anti-piracy PSA from Vietnam From: TF , for the latest news on copyright battles, piracy and more.

Advertising 121

Advertising Advertising Reporting Copying 121

JD Supra Law

OCTOBER 24, 2024

A court in Hamburg, Germany, has decided a copyright infringement case in a way that sheds light on how European courts may apply the text and data mining (TDM) exemption to AI model developers. The exemption is contained in EU Directive 2019/790 on copyright and related rights in the Digital Single Market Directive.

Related Rights 69

Related Rights Copyright Infringement Copyright Marketing 69

Kluwer Copyright Blog

DECEMBER 14, 2022

And even though these works are often primarily utilitarian facts, ideas, and procedures, most are sufficiently original to attract copyright originality in their entirety. It is often prepared and published by either the original equipment manufacturers (OEMs) or third-party publishers. Image by Annie Spratt. Citing the U.S.

Copyright 102

Copyright Cease and Desist Fair Use Publishing 102

The IPKat

NOVEMBER 10, 2024

Last month, Advocate General (AG) Szpunar issued his Opinion in case C-575/23 , this being the first request for a preliminary ruling on the interpretation of Directive (EU) 2019/790. The musicians contend that this interpretation discriminates against statutory performers, potentially violating EU copyright directives.

Law 108

Law Contracts Art Government 108

TorrentFreak

JUNE 27, 2022

Like many other file storage platforms, Ulož can be used to share a wide variety of files but, according to copyright holders, many people abuse the platform to share pirated music, movies, and TV shows. In 2019, a Prague court ruled that the file-sharing site must block searches for several film-related terms.

Copyright 145

Copyright Related Rights Music Business 145

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

Art 135

Art Copyright Law Related Rights 135

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.

Publishing 133

Publishing Copyright Related Rights Law 133

Kluwer Copyright Blog

MAY 31, 2022

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. Puls 4 had argued that YouTube was responsible for copyright infringement by its users. 2021, 4 Ob 132/21x ).

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

Velocity of Content

NOVEMBER 25, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. broadcasting rights) and/or compensation mechanisms (e.g., broadcasting rights) and/or compensation mechanisms (e.g.,

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

IP and Legal Filings

OCTOBER 28, 2022

71 of 2019, dated October 10, 2019, regarding the Provision of Electronic Systems and Transactions. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

Technology 117

Technology Publishing Social Media Intellectual Property 117

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. 17 DSM Directive was introduced in 2019. The right of “re-utilization” pursuant to Art. Some argue that Art.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

MAY 1, 2023

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…).

Licensing 98

Licensing Related Rights Publishing Law 98

Kluwer Copyright Blog

MAY 26, 2022

The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. The Directive entered into force in June 2019 and had to be transposed by Member States by 7 June 2021.

Law 58

Law Intellectual Property Related Rights Art 58

Kluwer Copyright Blog

NOVEMBER 11, 2021

17 CDSMD establishes that online content sharing service providers (OCSSPs) perform an act of communication to the public or an act of making available to the public – for the purposes of that Directive – when they give public access to copyright-protected content uploaded by their users. As is well known, Art.

Art 113

Art Law Intellectual Property Intellectual Property Law 113

LexBlog IP

JANUARY 24, 2024

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.

Copyright Law 52

Copyright Law Law Copyright Television 52

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law 58

Copyright Law Copyright Law Television 58

The IPKat

MAY 31, 2022

Can a slogan be protected by copyright? The Kluwer Copyright Blog reports on a recent Italian Supreme Court decision addressing this question. As reported by MARQUES, the project was awarded first prize in the " best application of tech in the public sector " category at the 2022 Global Business Tech Awards.

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

The IPKat

JULY 15, 2021

AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information? According to Poland, the answer should be in the negative. Such acknowledgement, continued the AG, would reflect CJEU case law itself.

Copyright 104

Copyright Law Related Rights Technology 104

The IPKat

SEPTEMBER 26, 2024

Yesterday, the Constitutional Court of Belgium issued a ruling in joined cases 7922, 7924, 7925, 7926, 7927, concerning the validity of the Belgian law that transposed Directive (EU) 2019/790 [DSM Directive; see an earlier post on this case here ]. 216/1 and XI.216/2) 216/2) Art.

Publishing 127

Publishing Art Licensing Confidentiality 127

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. As a result, the impossibility to disseminate valuable cultural heritage remained.

Copyright 102

Copyright Marketing Marketing Licensing 102