The IPKat

SEPTEMBER 19, 2022

The DSA will be a horizontal harmonization effort which will be lex generalis (general law) to the lex specialis (special law) contained in Article 17 of the DSM Directive (see further here in relation to an earlier stage of the legislative process relating to the DSA).

Art 136

Art Copyright Law Related Rights 136

43(B)log

FEBRUARY 4, 2022

The Impact of the German Implementation of Art. Abstract: Germany transposed Art. 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.

Art 45

Art Related Rights Copyright Marketing 45

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

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.

Publishing 129

Publishing Art Licensing Confidentiality 129

The IPKat

AUGUST 1, 2021

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. has the sole administrator rights for the streaming platform, c. 2(a) and (e) and Art.

Television 145

Television Art Advertising Advertising 145

The IPKat

JULY 12, 2024

Text and data mining techniques may be used extensively in this context for the retrieval and analysis of such content, which may be protected by copyright and related rights. The development and training of such models require access to vast amounts of text, images, videos and other data.

Publishing 126

Publishing Related Rights Copyright Marketing 126

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.

Copyright 145

Copyright Art Registration Fair Use 145

The IPKat

OCTOBER 11, 2022

As the name indicates, Le Musée intends to celebrate art. It features reproductions of paintings by classic masters, including Botticelli’s. The Florence museum, where Venus is held, was nonetheless unimpressed with this homage.

Artwork 110

Artwork Public Domain Moral Rights Art 110

The IPKat

DECEMBER 15, 2022

More on this in a separate post… And here are matters this Kat is keeping 3 of the 5 senses, alert for: As reported on The IPKat in May , the Africa Group at WIPO proposed a Work Program on Limitations and Exceptions (L&Es) to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR).

IP 134

IP Patent Intellectual Property Government 134

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.

Copyright 83

Copyright Art Copyright Law Copyright Infringement 83

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.

Copyright 72

Copyright Art Design Designs 72

Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

The form of IPR that seems to have a role here is Copyright and the related rights system. Conventional IPR. As we are looking at communities as the owners and custodians of the TCEs, the ownership of copyrights should be collective.

Derivative Work 97

Derivative Work Ownership IP Intellectual Property 97

The IPKat

NOVEMBER 9, 2021

The first interesting feature of the Swedish proposal is that it does not use the exact same wording of the Directive insofar as safe harbour availability is concerned: the bill seems to provide for the inapplicability of Article 14 of the Ecommerce Directive to the activities within the scope of Art 17 of the DSM Directive … and beyond.

Government 137

Government Copyright Related Rights Law 137

The IPKat

JANUARY 26, 2023

Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights , adopted in December 2022. This includes patentability criteria, the person skilled in the art, patent claims, and supplementary protection certificates.

Derivative Work 78

Derivative Work Invention Registration Related Rights 78

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. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Non-fungible tokens (“NFTs”) continue to be popular. data retention.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

MARCH 15, 2023

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 Directive entered into force in June 2019 and had to be transposed by Member States by 7 June 2021.

Copyright 72

Copyright Law Editing Related Rights 72

Kluwer Copyright Blog

APRIL 12, 2022

Indeed, while the Infosoc Directive expressly granted to broadcasting organisations the making available right (Art. 3 (2)), it did not grant the general right of communication to the public to broadcasting organisations (Art. The latter benefit this right on the basis of Art. 8 (1) of the Sat/Cab Directive.

Television 59

Television Art Related Rights Copyright Law 59

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.

Law 64

Law Intellectual Property Related Rights Art 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

DECEMBER 12, 2022

5] European Commission – DG for Research and Innovation “Study on EU copyright and related rights and access to and reuse of scientific publications, including open access” (2022): [link]. [6] 8] (a) Art. 18, (b) Recital 74 and (c) Art.3 9] (a) Art. 5(3)a, (b) Art. 5(3)d and (c) Art.

Copyright 130

Copyright Publishing Journalism Art 130

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.

Music 59

Music Copyright Related Rights Ownership 59

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.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

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.

Licensing 98

Licensing Publishing Related Rights Law 98

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”.

Art 40

Art Copyright Intellectual Property Publishing 40

Kluwer Copyright Blog

JULY 11, 2024

While it is art. Pursuant to art. One might even dare to suggest that this is the only upside of the press publishers’ right, especially compared to competition-based frameworks such as the Australian News Media Bargaining Code which do not envisage direct remuneration of creators.

Publishing 81

Publishing Art Journalism Copyright 81

Kluwer Copyright Blog

SEPTEMBER 20, 2023

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.

Art 83

Art Copyright Law Copyright Music 83

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 Design 143

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.

Publishing 52

Publishing Art Related Rights Marketing 52

The IPKat

JANUARY 30, 2022

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.

Moral Rights 78

Moral Rights Database Right Design Designs 78

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.”

Copyright 72

Copyright Law Marketing Marketing 72

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. €

Copyright Infringement 52

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. Through this post you can have a better understanding of reproduction under copyright and related rights , quotation and pastiche , artists’ contracts and internet piracy as well as the Creation Records case.

Personality Rights 59

Personality Rights IP Copyright Art 59

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 ). In contemporary art, pastiche, such as composite paintings, serves as a means of commenting on culture, systems, ideologies, and more.

Copyright Law 88

Copyright Law Art Copyright Law 88

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.

Moral Rights 105

Moral Rights Publishing Licensing Copyright 105

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. International federation for the phonographic industry (IFPI), Global Music Report 2021.

Copyright Law 64

Copyright Law Copyright Law Music 64

LexBlog IP

AUGUST 30, 2023

Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral). Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

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.

Copyright Law 64

Copyright Law Copyright Law Television 64