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. Valid Transfer of Rights?

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing 122

Publishing Copyright Related Rights Social Media 122

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts 55

Contracts Intellectual Property Music Cinema 55

Kluwer Copyright Blog

JANUARY 9, 2023

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. Garrix had entered into a record production contract with the label at a very young age. Bernt Hugenholtz.

Copyright 94

Copyright Blogging Fair Use Reporting 94

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 101

Copying Copyright Law Copyright Social Media 101

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 52

Music Related Rights Law Contracts 52

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. Article 43bis l.aut. 43bis (9)).

Publishing 55

Publishing Law Contracts Licensing 55

The IPKat

AUGUST 24, 2021

Examples of the latter are the articles on authors’ and performers’ contracts (Articles 18 to 23). On 5 August 2021 the Italian Council of Ministers, upon proposal from the Prime Minister and the Minister of Culture, adopted the draft Legislative Decree that would transpose the Directive into Italian law. In fairness, not.

Publishing 131

Publishing Copyright Related Rights Law 131

The IPKat

JANUARY 30, 2022

GuestKat Becky Knott commented on the decision of the 2nd Board of Appeal in case R 609/2021-2 [ Volkswagen Aktiengesellschaft v European Flipper / Pinball Factory GmbH ], which shows that it is possible to rely on 3D marks in the context of opposition proceedings.

Moral Rights 73

Moral Rights Database Right Designs Design 73

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. Article 43bis l.aut. 43bis (9)).

Publishing 52

Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

OCTOBER 23, 2024

The SPR of EU-based researchers should apply even when the publishing contract designates the law of a non-EU country as applicable law. Available from: [link] ; [accessed on 09/10/2024] [3] Caso, Roberto & Dore, Giulia, Academic copyright, open access and the “moral” second publication right (2021).

Publishing 73

Publishing Journalism Copyright Editing 73

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 66

IP Inventor Invention Intellectual Property 66

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

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. 2790/2021; and Court of Appeals of Thessaloniki decision No. 766/2021; No. 1483/2021; and No. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

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] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

Copyright 121

Copyright Publishing Journalism Art 121

Kluwer Copyright Blog

JULY 11, 2024

The appropriate share should be determined in a company agreement or other collective agreement, and if the parties do not reach a consensus within 6 months from start of negotiations, the case can be referred to the Copyright and Related Rights Commission (CDADV). The offers made and accepted in France are rather inconsistent.

Publishing 73

Publishing Art Journalism Copyright 73

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). But the Data governance act would do more.

Government 55

Government Database Right Intellectual Property Copyright 55

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 126

Moral Rights Contracts Editing Related Rights 126

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. 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.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52