Article, Contracts and Related Rights - Intellectual Property Pulse

ARIPO Member States adopt the Kampala Protocol on Voluntary Registration of Copyright and Related Rights

The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. See Article 6. See Article 8.

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

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

Contracts Music Related Rights Television

EU copyright law round up – fourth trimester of 2021

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

Copyright Law Law Copyright Reporting

Whither a Signal-Based Broadcast Treaty?

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

Public Domain Contracts Copyright Licensing

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

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

Television Art Advertising Advertising

Collective management of copyright and neighbouring rights in Greece

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

Copyright Related Rights Television Law

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

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

Moral Rights Database Right Designs Design

Court clarifies process for CMO equitable remuneration

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

Music Related Rights Law Contracts

Case study: “copyright-free” in-store music and collective management

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

Music Copyright Television Related Rights

Athens court rules on moral damages in software infringement case

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

Copying Copyright Law Copyright Editing

Navigating the Global Intellectual Property Landscape: Key Treaties and Agreements

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

Intellectual Property Artistic Work Registration Copyright

Role Of Intellectual Property Rights In The Era Of Quantum Technology

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

Intellectual Property Technology Intellectual Property Law Government

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright. Audiovisual globalisation.

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

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

Contracts Copyright Law Cease and Desist

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

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

Contracts Intellectual Property Cinema Copying

A summary look at the Portuguese transposition of the CDSM Directive

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

Art Contracts Publishing Licensing

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

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

Publishing Reporting Brands Branding

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

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

Publishing Art Licensing Confidentiality

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

Copying

Copying Copyright Law Copyright Social Media

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Kluwer Copyright Blog

OCTOBER 23, 2024

Although national rules vary, all the current SPR-regimes permit scientific articles that are the result of (fully or partially) publicly funded research to be shared online by their authors for non-profit purposes, typically following an embargo period. 2] A legislative proposal to introduce SPRs in Italy is pending. [3]

Publishing

Publishing Journalism Copyright Editing

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

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

Publishing Copyright Related Rights Law

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

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. The Royal Decree acts as such a statute for the purposes of regulating the ownership and remuneration due for related rights.

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? 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

Government Related Rights Copyright Law

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

Reporting

Reporting Marketing Marketing Copyright

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

Copyright

Copyright Publishing Journalism Art

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

Copyright

Copyright Ownership Journalism Publishing

Please share nicely — From Database directive to Data (governance) acts

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

Government Database Right Intellectual Property Copyright

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

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

Publishing Law Contracts Licensing

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

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

Publishing Law Contracts Licensing

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

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

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

Publishing Art Related Rights Marketing

Key 2023 update: EU Directive implemented in Greek copyright law

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

Copyright Law Law Copyright Television

Sunday Surprises

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

Intellectual Property IP Registration Copyright

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

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

Moral Rights Law Copyright Copyright Law

AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

The IPKat

NOVEMBER 10, 2024

18 to 23, which govern fair remuneration in exploitation contracts of authors and performers. In this regard, the AG noted that the Directive broadly speaks of a “contract”, a concept that must be understood to cover any licensing of exploitation or transfer of exclusive rights (para. Applicability of Arts. Thus, Arts.

Law

Law Contracts Art Government

C-575/23: statutory assignment of rights without prior consent is against EU law

The IPKat

MARCH 7, 2025

18-23 of the Directive concerning fair remuneration in exploitation contracts of authors and performers. 18 to 23 Directive 2019/790, the AG opined that they are applicable to statutory agents and to acts of exploitation (such as performances) occurred after June 7, 2021, even if they are governed by a contract concluded prior to that date.

Law

Law Art Contracts Government

First draft of the General-Purpose AI Code of Practice has been released

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

Copyright Law Due Diligence Copyright Technology

ARIPO Member States adopt the Kampala Protocol on Voluntary Registration of Copyright and Related Rights

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

Trending Sources

EU copyright law round up – fourth trimester of 2021

Whither a Signal-Based Broadcast Treaty?

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

Collective management of copyright and neighbouring rights in Greece

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

Court clarifies process for CMO equitable remuneration

Case study: “copyright-free” in-store music and collective management

Athens court rules on moral damages in software infringement case

Navigating the Global Intellectual Property Landscape: Key Treaties and Agreements

Role Of Intellectual Property Rights In The Era Of Quantum Technology

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

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

A summary look at the Portuguese transposition of the CDSM Directive

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

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

CDSM: French transposition on the remuneration of performers

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

Top 10 Posts on the Kluwer Copyright Blog in 2022

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

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

CJEU has received first reference on DSM Directive

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

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

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

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

Please share nicely — From Database directive to Data (governance) acts

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

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

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

Key 2023 update: EU Directive implemented in Greek copyright law

Sunday Surprises

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

C-575/23: statutory assignment of rights without prior consent is against EU law

First draft of the General-Purpose AI Code of Practice has been released

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