2021, Contracts, Licensing and Related Rights

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

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.

Contracts

Contracts Music Related Rights Television

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Photo by Rock’n Roll Monkey on Unsplash.

IP

IP Inventor Invention Intellectual Property

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. The end of 2021 has been particularly busy. More than six months have now passed since the deadline to implement the CDSM Directive – 7 June 2021. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Reporting

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

Public sector bodies are in principle barred from exercising their sui generis rights in information that is subject to the Open data and public sector information directive. The implementation deadline for the revamped directive has just passed (17 July 2021). and not charging fees for re-use.

Government

Government Database Right Intellectual Property Copyright

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement. by Christopher Heath. €

Contracts

Contracts Copyright Law Cease and Desist

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

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.

Contracts

Contracts Intellectual Property Cinema Copying

Book review: Performers' Rights

The IPKat

JANUARY 21, 2022

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.

Moral Rights

Moral Rights Contracts Editing Related Rights

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. To date, the decree has yet to be drafted.

Publishing

Publishing Law Contracts Licensing

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

MAY 11, 2023

Missed deadline and transposition In the same way as many EU member states, Ireland missed the transposition deadline (7 June 2021). The Irish legislative transposition finally became law on 19 November 2021. The key element to note here is that the Regulations are a type of secondary legislation, known as a Statutory Instrument.

Copying

Copying Copyright Law Copyright Social Media

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. To date, the decree has yet to be drafted.

Publishing

Publishing Law Contracts Licensing

The journalists’ share

Kluwer Copyright Blog

JULY 11, 2024

The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. However, an offer of 220 EUR per year made by Le Figaro in 2021 was rejected, as was the offer of 3% of revenues made by 20 Minutes.

Publishing

Publishing Art Journalism Copyright

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

The IPKat

AUGUST 24, 2021

Such discretion ranges from the very option to do something in the first place to shaping the actual content of rights and rules. An example of the former is the possibility, under Article 12, to provide for collective licensing with an extended effect. The remaining of the legislative process is likely to be a formality.

Publishing

Publishing Copyright Related Rights Law

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages. 2790/2021; and Court of Appeals of Thessaloniki decision No.

Copying

Copying Copyright Law Copyright Editing

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

Based on these incidents, the claimant requested: a temporary determination of the amount of the equitable and uniform remuneration to which she was entitled for the years 2011 to 2021. Decision Legal framework Law 2121/1993 Law 2121/1993 protects the basic categories of beneficiaries of neighbouring rights.

Music

Music Related Rights Law Contracts

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

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. Scientometrics (2022): [link]. [3] 8] (a) Art.

Copyright

Copyright Publishing Journalism Art

Intellectual Property Pulse

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Trending Sources

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

EU copyright law round up – fourth trimester of 2021

Please share nicely — From Database directive to Data (governance) acts

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Book review: Performers' Rights

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

The journalists’ share

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

Athens court rules on moral damages in software infringement case

Court clarifies process for CMO equitable remuneration

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

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