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 5, 2022

We started this rubric back in 2021. End of 2021. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

Copyright Law 58

Copyright Law Copyright Law Music 58

Garrigues Blog

DECEMBER 14, 2021

Portuguese Law 82/2021 has been published on November 30, dealing with the supervision, control, removal and impediment of access in a digital environment to protected content, trying to make it a safer and more regulated place for right holders.

Copyright 52

Copyright Related Rights Ownership Law 52

TorrentFreak

DECEMBER 13, 2021

On December 7, 2021, the signatories to the current memorandum attended a meeting with telecoms regulator Roscomnadzor. “It is understood that these resources are public and controlled by legal entities, which in case of violation of copyright or related rights may act as defendants in court,” the proposals read.

Related Rights 144

Related Rights Copying Copyright Government 144

43(B)log

FEBRUARY 4, 2022

17 Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) with a new Act on the Copyright Liability of Online Content Sharing Service Providers (OCSSP Act), which entered into force on 1 August 2021. This very interesting paper suggests some risks in that direction.

Art 45

Art Related Rights Copyright Marketing 45

Kluwer Copyright Blog

MARCH 15, 2023

The Directive entered into force in June 2019 and had to be transposed by Member States by 7 June 2021. 263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. National implementation has also proved to be a contentious process, with very few Member States meeting this deadline.

Copyright 63

Copyright Law Editing Related Rights 63

Kluwer Copyright Blog

NOVEMBER 28, 2022

Remuneration of authors under French copyright law before the 2021 Order. The administrative court more generally found that the 2021 Order did not correctly implement the CDSM as it ‘ does not provide that the authors […] have the right to receive appropriate remuneration ’ (§15). The Conseil d’Etat’s judgment.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es.

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

The IPKat

NOVEMBER 7, 2021

The webinar will take place on 23 November 2021 at 4:00pm, CET. Competition Law Association: 22nd Annual Burrell Lecture and Dinner The Competition Law Association will hold the 22nd Annual Burrell Lecture and Dinner at the Institute of Directors (London, UK) on 2 December 2021 from 6:15pm to 10:30pm, GMT.

Intellectual Property 75

Intellectual Property IP Registration Intellectual Property Law 75

The IPKat

MAY 31, 2022

In two judgments (Basmati, T-342/20 - which we reported on some time ago - and APE TEES, T-281/21), the General Court found that they are relevant (the cases were decided in October 2021 and March 2022, respectively). The Kluwer Trademark Blog provides a summary of the background and outcome of the above decisions.

Blogging 73

Blogging Non-Fungible Tokens IP Reporting 73

Kluwer Copyright Blog

MAY 26, 2022

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

Law 58

Law Intellectual Property Related Rights Art 58

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. There is however one stand-out entry that looks like it will be of interest to several of our readers.

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

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 106

Copyright Related Rights Law Copyright Law 106

IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. 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. MOCI Regulation No. Conclusion.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

OCTOBER 3, 2022

The implementation of the CDSM Directive is still far from over, despite the fact that the implementation deadline passed more than a year ago, on 7 June 2021. The copyright in these two titles expired at the beginning of 2021. Stay tuned! by Alexander Puutio. € Internet Law: A Concise Guide to Regulation Around the World.

Copyright Law 109

Copyright Law Copyright Law Music 109

Kluwer Copyright Blog

SEPTEMBER 8, 2024

The possibility of linking such data with files containing information that reveals the title of protected works, in cases where the same person repeats an activity infringing copyright or related rights, must be subject to review by a court or an independent administrative body.

Privacy 55

Privacy Copyright IP Copyright Infringement 55

Kluwer Copyright Blog

MAY 31, 2022

2021, 4 Ob 132/21x ). For monetizing uploaded videos, the uploading user has to confirm that they have read the copyright provisions and have the copyright or usage rights to the videos. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Alexander Puutio. €

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 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

The IPKat

DECEMBER 2, 2022

In the interim, at least, related rights, trade secrets, or protection against unfair competition, might provide some helpful alternatives. [A Related rights will only apply to video or audio, and, in any event, they are not universally recognized around the world. 2021/41/N/HS5/02726.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

LexBlog IP

JANUARY 16, 2024

1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1]

IP 52

IP Copyright Art Related Rights 52

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

Barry Sookman

JUNE 27, 2021

Computer and Internet Weekly Updates for 2021-06-19 [link] 2021-06-20. RT @eLAWnora : HERE WE GO: CJEU has just ruled that a user-uploaded content platform does not communicate to the public unless it contribute… 2021-06-22. 683/18, important judgement from the [link] on the liability of hosting platforms f… [link] 2021-06-22.

Intellectual Property 52

Intellectual Property Related Rights Blogging Copyright 52

The IPKat

DECEMBER 15, 2023

IPR Recordation was introduced through the Statute Law (Miscellaneous Amendments) Act of 2018 under Section 34B of the Anti-Counterfeit Act which requires all intellectual property rights relating to goods imported into Kenya to be recorded with the ACA. This Bill aims to repeal the Copyright Act 2001 in its entirety.

IP 81

IP Intellectual Property Copyright Music 81

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted. A significant number of EU Member States is yet to complete the national transposition process, despite the deadline of 7 June 2021.

Intellectual Property 52

Intellectual Property Intellectual Property Law Related Rights Registration 52

Barry Sookman

DECEMBER 19, 2021

Computer and Internet Weekly Updates for 2021-12-11 [link] 2021-12-12. Canadian courts confirm significant limits on privacy class actions [link] 2021-12-13. Judge Cote Grants Google a TRO Against Operators of Malicious "Botnet" [link] 2021-12-13. link] 2021-12-13. 567/2021 [link] 2021-12-13.

Privacy 57

Privacy Related Rights Copyright Marketing 57

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. 56 of 2021 on management of song and/or music copyrights royalties.

Music 95

Music Copyright Copyright Infringement Moral Rights 95

LexBlog IP

NOVEMBER 8, 2021

In light of the evolution of the digital practices of Internet users, the new law n° 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital era seeks to modernise the existing framework by creating a new regulatory authority and providing new tools for rights holders.

Intellectual Property 52

Intellectual Property Related Rights Law Advertising 52

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. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

Copyright 105

Copyright Copyright Law Due Diligence Law 105

Kluwer Copyright Blog

JANUARY 4, 2022

Bernt Hugenholtz, Kluwer Law International, 2021. While the COVID-19 pandemic has affected the revenues of European football clubs (see 30th Annual Review of Football Finance from Deloitte’s Sports Business Group), audiovisual rights still have a crucial role in securing the financing of sports events in the European Union.

Copyright Law 122

Copyright Law Copyright Law Intellectual Property 122

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. 17 DSM Directive 2019/790 (“DSMD”). . DJs are Phonogram Producers, says Dutch Supreme Court by P. 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

Kluwer Copyright Blog

JANUARY 5, 2022

Bernt Hugenholtz, Kluwer Law International, 2021. Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters. in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.).

Copyright Law 115

Copyright Law Copyright Law Graphic Design 115

Kluwer Copyright Blog

OCTOBER 23, 2024

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

TorrentFreak

DECEMBER 16, 2022

In 2021, when TorrentFreak discovered that whole site deindexing was already underway in the Netherlands, Google was no more talkative than four years earlier. While this ‘code of conduct’ didn’t feature whole site deindexing, the MPA and BPI celebrated the ‘landmark’ agreement.

Publishing 105

Publishing Television Government Copyright 105

Velocity of Content

NOVEMBER 25, 2024

. ↩︎ See Ginsburg & Ricketson , supra note 49, ¶¶ 11.30 – 11.41 (discussing the rights of reproduction and adaptation in the Convention) [ read full article here ]. ↩︎ See, e.g., German Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG), § 3 – Adaptations, Copyright Act of 9 September 1965 (Federal Law Gazette I, p.

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

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

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