2022, Contracts and Related Rights - Intellectual Property Pulse

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. The consultation closes on 7 January 2022. CDSM Directive implementation.

Copyright Law

Copyright Law Law Copyright Reporting

Never Too Late: If you missed the IPKat the past 2 weeks!

The IPKat

JANUARY 30, 2022

The book addresses the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended), and also addresses other forms of protection and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights

Moral Rights Database Right Designs Design

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

Kluwer Copyright Blog

DECEMBER 1, 2021

The consultation closes on 7 January 2022. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Option 3: adopt an exception for any use, with a possibility for rightholders to contract out. Background. Option 2: extend existing exception to cover commercial research.

IP

IP Inventor Invention Intellectual Property

Athens court rules on moral damages in software infringement case

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. 2916/2022. (2) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Copying

Copying Copyright Law Copyright Editing

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author.

Contracts

Contracts Intellectual Property Cinema Copying

The WIPO Files II: is international lawmaking on copyright still possible?

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. Image by Ag Ku via Pixabay. This was the first time since the COVID-19 pandemic started that most of the delegates were reunited in person.

Copyright

Copyright Intellectual Property Publishing Reporting

CJEU has received first reference on DSM Directive

The IPKat

OCTOBER 25, 2023

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. 205/4 of the Belgium’s Code of Economic Law (as in force prior to the 2022 reform to implement Directive (EU) 2019/790).

CDSM: French transposition on the remuneration of performers

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

Contracts Intellectual Property Music Cinema

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

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

Copying

Copying Copyright Law Copyright Social Media

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

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

Publishing Copyright Related Rights Social Media

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

The IPKat

SEPTEMBER 26, 2024

Background In 2022, Belgium adopted a law that transposed the DSM Directive into the Belgian Code of Economic Law. In so doing, the Belgian legislator arguably went beyond what was required by the Directive and introduced new statutory remuneration rights for authors and performers. 216/1 and XI.216/2) 216/2) Art.

Publishing

Publishing Art Licensing Confidentiality

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

Copyright

Copyright Publishing Journalism Art

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.

Government

Government Related Rights Copyright Law

The journalists’ share

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

Publishing Art Journalism Copyright

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. This could cause problems in cases when the publishing contract is governed by non-EU law.

Copyright

Copyright Ownership Journalism Publishing

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

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. See also “ ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules ” (2022). [5] 5] Radboud University, ‘Opt-out procedure open access’, Radboud University (2024).

Publishing

Publishing Journalism Copyright Editing

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). However, attention is necessary: the PPR is a related right and its subject matter does not need to qualify as (a part of) a “work”.

Reporting

Reporting Marketing Marketing Copyright

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

Sunday Surprises

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. The webinar is scheduled for 7 July 2022 from 3:00pm to 5:00pm (CEST) and would be open to SMEs from the U.S. Further information is available here.

Intellectual Property

Intellectual Property IP Registration Copyright

Key 2023 update: EU Directive implemented in Greek copyright law

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

Copyright Law Law Copyright Television

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). More specifically, Art.

Publishing

Publishing Art Related Rights Marketing

Intellectual Property Pulse

EU copyright law round up – fourth trimester of 2021

Never Too Late: If you missed the IPKat the past 2 weeks!

Trending Sources

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

Athens court rules on moral damages in software infringement case

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

The WIPO Files II: is international lawmaking on copyright still possible?

Top 10 Posts on the Kluwer Copyright Blog in 2022

CJEU has received first reference on DSM Directive

CDSM: French transposition on the remuneration of performers

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

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

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

UK Government axes plans to broaden existing text and data mining exception

The journalists’ share

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

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

Sunday Surprises

Key 2023 update: EU Directive implemented in Greek copyright law

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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