The IPKat

SEPTEMBER 26, 2024

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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Publishing Art Licensing Confidentiality 129

Kluwer Copyright Blog

JUNE 27, 2023

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”.

Art 105

Art Contracts Publishing Licensing 105

Kluwer Copyright Blog

FEBRUARY 2, 2023

Generative AI Computer-generated art reached a tipping point in 2022. AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times.

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Copyright Art Registration Fair Use 145

Kluwer Copyright Blog

DECEMBER 12, 2022

Under the new rules of the 2019 Directive on Copyright in the Digital Single Market, which have been recently implemented in most EU Member States, authors that license or assign their rights “for the exploitation of their works” are entitled to receive appropriate and proportionate remuneration, [8] a except where they have granted OA licences.

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Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

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Copyright Law Editing Related Rights 72

Kluwer Copyright Blog

JUNE 13, 2024

These overall aims also include the protection of copyright and related rights. The “non-authorised use of copyright protected material” is cited in recital 12 Digital Services Act (DSA) as an example of “illegal content”, the availability of which is to be curbed by means of, among other things, notice and action mechanisms (Art.

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Copyright Art Copyright Law Copyright Infringement 83

Kluwer Copyright Blog

MAY 26, 2022

In addition, an action for annulment under Art. 263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level.

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Law Intellectual Property Related Rights Art 64

Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). This provision, which has been retained with minor changes, covers only analogue uses and applies only to the reproduction right.

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Licensing Publishing Related Rights Law 98

Kluwer Copyright Blog

MAY 1, 2024

Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin. In EU law, the Design Directive and Regulation govern the relationship between copyright and design protection for works of applied art.

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Copyright Art Designs Design 72

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. cross-border transfer of personal data. electronic data deletion.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

FEBRUARY 12, 2023

35/2017, whose Art. The reason is that, as noted below, the Directive provides that IMEs can be in charge of the collective management of copyright and related rights and that, inter alia , “ right holders should be free to entrust the management of their rights to independent management entities.”

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Copyright Law Marketing Marketing 72

Kluwer Copyright Blog

APRIL 5, 2022

This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The report states that the global recorded music market grew with 18.5%

Copyright Law 64

Copyright Law Copyright Law Music 64

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 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

MARCH 8, 2023

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 ). Among other modifications, special attention should be given to the enactment of the new Art. 51B, which transposes the much-debated Art.

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Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right. A more problematic gold-plating transposition is the provision of Art.

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Moral Rights Publishing Licensing Copyright 105

Kluwer Copyright Blog

JULY 11, 2024

Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. While it is art. Pursuant to art. The newly introduced general transparency obligation (art.

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Publishing Art Journalism Copyright 81

Kluwer Copyright Blog

DECEMBER 20, 2022

However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific related right under Section 72 of the UrhG. By contrast, the author of a simple photograph is not granted any moral right.

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Copyright Related Rights Artistic Work Public Domain 59

Kluwer Copyright Blog

OCTOBER 26, 2022

The Impact of the German Implementation of Art. On 26 April 2022, the CJEU dismissed the annulment action initiated by the Republic of Poland against Art. The Member States of the European Union follow different approaches when it comes to the implementation of Art. 17 CDSM Directive on Selected Online Platforms”.

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Art Copyright Intellectual Property Publishing 40

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

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Music Copyright Related Rights Ownership 59

The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

MAY 31, 2022

Following the ECJ ruling, the Austrian Supreme Court denied a communication to the public in the sense of Art 3 para 1 EC Directive 2001/29 (respectively § 18a Austrian Copyright Act). According to the ECJ’s judgment, YouTube does not have to automatically check every video for copyright infringement. by Alexander Puutio. €

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Copyright Infringement Cease and Desist Copyright Intellectual Property 52

The IPKat

SEPTEMBER 4, 2024

Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. AGA Rangemaster Group Limited (AGA) objected to the sales and marketing activities of a company, which sold second-hand AGA cookers retrofitted with an electronic control system. 3(1)(g) TMD2 to the CJEU.

Personality Rights 59

Personality Rights IP Copyright Art 59

Kluwer Copyright Blog

MARCH 21, 2023

‘Laziness by Ramón Casas, provided by the Museu Nacional d’Art de Catalunya, available here’ In August 2020, a review of the Orphan Works Directive (2012/28/EU), or OWD, was initiated by the European Commission.

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Copyright Marketing Marketing Licensing 105

LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13] 4(1) and 4(3).

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IP Copyright Art Related Rights 52

Kluwer Copyright Blog

FEBRUARY 9, 2022

For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 4 Retransmission Directive ) and extended collective licensing (with opt-out possibility) for out-of-commerce works (art. 12 DSM Directive). 5 Rental Directive ).

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Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

OCTOBER 4, 2023

This provision, while optional, is rendered mandatory for online use on select major platforms under Article 17(7) of the copyright and related rights in the Digital Single Market Directive ( CDSM ). Cultural theorists endeavoured to comprehensively define these concepts, but such attempts have encountered limitations.

Copyright Law 88

Copyright Law Art Copyright Law 88

Kluwer Copyright Blog

FEBRUARY 4, 2025

The UWG is part of competition law and serves to protect market participants from unfair business practices. As sanctions, the UWG provides a right to prohibitory injunctive relief or removal in Section8 and a right to compensation in Section 9.

Copyright 52

Copyright Marketing Marketing Copyright Law 52

Kluwer Copyright Blog

JANUARY 9, 2023

It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. 17 DSM Directive 2019/790 (“DSMD”). .

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Blogging Copyright Fair Use Reporting 95

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

JULY 15, 2024

Of relevance here are, in particular, the right under section 20b (‘ retransmission ’) of the German Copyright Act (“UrhG”) and the right under section 22 of the UrhG (‘ Right of communication of broadcasts and of works made available to public ’). Kat enjoying TV. FCJ, case no.

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Licensing Television Marketing Marketing 72

Kluwer Copyright Blog

OCTOBER 7, 2021

AG Saugmandsgaard Øe suggests that Art. 17 is in principle compatible with the freedom of expression and information guaranteed in Art. 11 of the Charter of Fundamental Rights of the European Union. A more extensive analysis of the Opinion, together with the Commission’s Guidance on Art.

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Copyright Law Copyright Law Television 64

Kluwer Copyright Blog

JANUARY 18, 2023

The new related right for press publishers (Sections 87 et seqq. A further addition has been the introduction of a new related right for press publishers in Sections 87 et seqq. As the related right for press publishers only contains economic elements, it is transferable in full, as per Section 87g(3) UrhG.

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Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix. 43bis (9)).

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Publishing Law Contracts Licensing 59

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix. 43bis (9)).

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Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

MARCH 30, 2022

At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive.

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Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. de Gregorio & Pollicino 2021 ; de Gregorio 2020 ).

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Copyright Intellectual Property Copyright Law Law 64

Kluwer Copyright Blog

NOVEMBER 20, 2022

Second, Art. Yet, this work of art is not located in a museum but en plein air. This is all the more so when for works of art displayed in a public space, absent a specific rule on this topic. This is for two reasons, as pointed out by E. This scenario shares some similarities with the case at issue. Final remarks.

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