The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

The IPKat

AUGUST 24, 2021

With a few exceptions [see Communia tracker here ] , because of a number of reasons - ranging from COVID to the delayed Article 17 Commission's guidance [Katpost here ] to some important pending rulings of the Court of Justice of the European Union (CJEU), the majority of EU Member States missed this deadline.

Publishing 133

Publishing Copyright Related Rights Law 133

The IPKat

SEPTEMBER 26, 2024

While the 182 pages of the ruling will surely make for numerous scholarly articles, this Kat has tried to briefly summarise its main points in this post. 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).

Publishing 127

Publishing Art Licensing Confidentiality 127

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 102

Art Contracts Publishing Licensing 102

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790). In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

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] Under the law of copyright, the authors of works of science are the copyright owners of their published articles.

Copyright 123

Copyright Publishing Journalism Art 123

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. Moreover, like most of the E&Ls of Article 5 ISD, the research exception remains optional for the Member States.

Copyright 105

Copyright Ownership Journalism Publishing 105

Kluwer Copyright Blog

JANUARY 9, 2023

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. Since then, courts in the U.S.

Copyright 94

Copyright Blogging Fair Use Reporting 94

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 exception is broadly similar to that contained in Article 3 of the Directive.

Copying 102

Copying Copyright Law Copyright Social Media 102

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). After a brief word on the transposition options available to the Member States, it will focus on Article 15 CDSMD.

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

DECEMBER 26, 2021

On 6 October 2021, the CJEU issued its judgment in Top System , where central questions revolved around computer program decompilation as per Article 5(1) of Directive 91/250/EEC. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) CJEU judgments. Top System SA, C-13/20.

Copyright Law 112

Copyright Law Copyright Law Reporting 112

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain 61

Public Domain Contracts Copyright Licensing 61

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 55

Contracts Intellectual Property Music Cinema 55

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). As a result, the original text of Article 15 CDSM was subject to a number of amendments. Article 43bis l.aut. Within 60 days from the entry into force of Article 43bis l.aut.,

Publishing 55

Publishing Law Contracts Licensing 55

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 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.

Publishing 52

Publishing Art Related Rights Marketing 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). As a result, the original text of Article 15 CDSM was subject to a number of amendments. Article 43bis l.aut. Within 60 days from the entry into force of Article 43bis l.aut.,

Publishing 52

Publishing Law Contracts Licensing 52

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. Is "communication to the public" in Art. 2(a) and (e) and Art. 3(1) of the InfoSoc Directive, in connection with Art.

Television 145

Television Art Advertising Advertising 145

LexBlog IP

JANUARY 24, 2024

It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. Article 14 of Law 4996/2022 introduced a notable – and quite disputed – change, adding article 7a to Law 4481/2017.

Copyright Law 52

Copyright Law Law Copyright Television 52

The IPKat

JANUARY 30, 2022

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. Background, analysis and comments are provided by GuestKat Anastasiia Kyrylenko.

Moral Rights 76

Moral Rights Database Right Design Designs 76

LexBlog IP

AUGUST 4, 2021

Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Introduction. Such remuneration is payable only to CMOs. Legislative background.

Copyright 52

Copyright Related Rights Television Law 52

LexBlog IP

NOVEMBER 8, 2023

If the use has clearly taken place and ceased before the exercise of the application, article 49 of Law 2121/1993 is applicable, dealing with reasonable and uniform remuneration in the context of regular proceedings or trials. Law 4481/2017 Article 6 of Law 4481/2017 states: 1. the award of the equitable remuneration).

Music 52

Music Related Rights Law Contracts 52

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 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. It may therefore be concluded that such right is not assigned to a CMO.

Music 52

Music Copyright Television Related Rights 52

Kluwer Copyright Blog

DECEMBER 17, 2024

Old contracts many of the contracts that were signed by authors and academics pre-date the LLM/genAI era. Contractual interpretation dictates that the provisions must be given the meaning a reasonable person would have understood the intention of the parties to have been at the time the contract was concluded.

Publishing 52

Publishing Reporting Branding Brands 52

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

Copying 52

Copying Copyright Law Copyright Editing 52

IIPRD

JUNE 24, 2024

As states attempt to protect and capitalize on the fruits of human ingenuity, deciphering the complex web of international treaties and accords governing intellectual property rights have become critical.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

IIPRD

NOVEMBER 23, 2022

What kinds of IP related rights would apply to quantum computing technology? This article will provide the holistic view of the current framework of IP and its related rights and how would it balance the interests of innovators/stakeholders and the interest of public. UNDERSTANDING QUANTUM COMPUTING TECHNOLOGY.

Intellectual Property 40

Intellectual Property Technology Intellectual Property Law Government 40

Kluwer Copyright Blog

AUGUST 18, 2021

So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data. because there is no public access regime that applies, or because third parties own intellectual property rights. 1(6) Open data directive). But the Data governance act would do more.

Government 55

Government Database Right Intellectual Property Copyright 55

The IPKat

JUNE 26, 2022

Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents. FIDE - The Metaverse As A Challenge To Classical IP - 29 June 2022 - Online The Metaverse steadily developed, and its role became even more central to the business.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

DECEMBER 16, 2024

Further drafts are to be prepared, with the final version of the Code forecast to be released by 2 May 2025, in accordance with Article 56 (Codes of Practice) of the EU AI Act. The definition of systemic risk is provided in Article 3(65) of the AI Act. The European Commission published the first draft of the Code on 14 November 2024.

Copyright Law 52

Copyright Law Due Diligence Copyright Technology 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52