IP and Legal Filings

DECEMBER 6, 2022

The Act mandated the creation of two Collective Management Organizations, or CMAs, one for representing the interests of the authors and the other to safeguard the interests of related rights owners. The Act further lays down the limitations on copyrights, provides and establishes penalties for infringement. 2022, April 22).

Music 97

Music Copyright Copyright Infringement Moral Rights 97

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music 55

Music Copyright Related Rights Ownership 55

Kluwer Copyright Blog

DECEMBER 12, 2022

ALLEA agrees, and therefore favours copyright rules that allow for OA publication of (partially) publicly funded research with immediate access and no embargo. Negotiate future deals considering national and EU copyright law. Ideally, such Secondary Publication Rights should be harmonised and made mandatory at the EU level.

Copyright 123

Copyright Publishing Journalism Art 123

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. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 64

Music Copyright Derivative Work Ownership 64

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. In 2020 and 2021, the Committee held hybrid format sessions of online and in-person participation, with most of the delegations attending remotely.

Copyright 102

Copyright Intellectual Property Publishing Reporting 102

Kluwer Copyright Blog

SEPTEMBER 20, 2023

When the German Federal Court of Justice (BGH) issued its fourth ruling in the “Metall auf Metall” copyright sampling case in April 2020, it seemed that the dispute would finally reach the top of the hill (see here ). In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art. 5 InfoSoc Directive.

Art 76

Art Copyright Law Copyright Music 76

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

MAY 4, 2022

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, related rights, performance rights, or any other rights of third parties were owed.

Contracts 52

Contracts Music Related Rights Television 52

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Design 40

Design Designs Copyright Artistic Work 40

Kluwer Copyright Blog

OCTOBER 23, 2024

Secondary Publication Rights as Enablers of (Green) Open Access SPRs are rights under copyright law that allow authors of publicly funded scientific research to post their published works on institutional websites and repositories, without the need for permission from the publishers that often own the copyrights.

Publishing 74

Publishing Journalism Copyright Editing 74

Kluwer Copyright Blog

FEBRUARY 9, 2022

Generally, the distinction between collective licensing with extended effect and mandatory collective management of rights is important (see Study on emerging issues on collective licensing practices, p. Where efficient voluntary licensing mechanisms exist, the mandatory collective management of rights ought to be avoided.

Copyright 52

Copyright Licensing Art Publishing 52

Velocity of Content

NOVEMBER 25, 2024

2053, 2057 (2020) (“[M]achines are increasingly good at emulating humans and laying siege to what has been a strictly human outpost: intellectual creativity.At ↩︎ See Ginsburg & Ricketson , supra note 49, ¶¶ 11.30 – 11.41 (discussing the rights of reproduction and adaptation in the Convention) [ read full article here ].

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. because there is no public access regime that applies, or because third parties own intellectual property rights.

Government 55

Government Database Right Intellectual Property Copyright 55

Kluwer Copyright Blog

JUNE 28, 2021

In a 2020 post on this Blog ( here ), we have further updated that the Court of Milan issued similar orders against some hosting providers and the CDN operator Cloudfare Inc., More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. million to 30.9 by Tito Rendas. €

Television 52

Television Copyright Blogging Law 52

Kluwer Copyright Blog

MAY 18, 2022

Likewise, in 2020, legislative reform over the EU’s legal framework for online enforcement included a proposal for a Digital Services Act , which features a new institutional arrangement mirroring that found in the GDPR. A New EU Copyright Institution.

Copyright 52

Copyright Marketing Marketing Law 52

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. de Gregorio & Pollicino 2021 ; de Gregorio 2020 ).

Copyright 58

Copyright Intellectual Property Copyright Law Law 58

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52