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CJEU has received first reference on DSM Directive

The IPKat

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. This would be contrary to arts. 205 of the Belgian Code of Economic Law (that regulates rights of performers), Belgian Constitution , art.

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A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

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Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. Is "communication to the public" in Art. Is "communication to the public" in Art. has the sole administrator rights for the streaming platform, c.

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

Kluwer Copyright Blog

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. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

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

The IPKat

Press publishers’ right (Arts. 216/2) Art. 15 of DSM Directive introduced a related right for press publishers to control the online uses of their press publications by information society service providers (ISSPs). Unwaivable remuneration right for authors and performers for uses by OCSSPs (Art.

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

Kluwer Copyright Blog

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.

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

The IPKat

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !