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. Current EU copyright framework. In this post, its author provides a brief outline.

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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 should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

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IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

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Music Copyright Copyright Infringement Moral Rights 80

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

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Related Rights Law Copyright Moral Rights 145

TorrentFreak

JANUARY 10, 2024

The confirmed prosecution will be for “Infringement of copyright and related rights” under Article 225 of the Penal Code; when a person (without the permission of the copyright holder) intentionally copies a copyrighted work and/or distributes copies of the work to the public, that person can be criminally prosecuted.

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TorrentFreak

APRIL 22, 2024

In recent years, copyright holders have paid close attention to a growing number of large piracy services with connections to Vietnam. While a copy of the verdict is not immediately available, a release shared by rightsholders attributed the following quote to the Hanoi court Judge.

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LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis.

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Related Rights Licensing Law Copyright 98

IP and Legal Filings

OCTOBER 28, 2022

Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Certain types of intellectual property rights must be considered in relation to the NFTs: 1. Patent: Blockchain-related inventions can be protected as patents. Conclusion.

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LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Applicable legal provisions The relevant law in this case was Law 2121/1993.

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Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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The IPKat

AUGUST 1, 2021

After legal analysis, the referring court indicated that it is inclined to find in favor of the copyright holder on both questions (ie, that the operation of the online video recorder constitutes a communication to the public and thus copyright infringement under the InfoSoc Directive). 2(a) and (e) and Art.

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Kluwer Copyright Blog

DECEMBER 18, 2022

Just like the Croatian legislator when implementing Article 15 of the DSM Directive. Yet the Croatian legislator caters to the printed press thrice in its ‘new and better version’ of the Croatian Copyright Act (CCA). This inclusion was criticised as a redundant addition since newspaper articles are already considered literary works.

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TorrentFreak

JANUARY 22, 2023

Harmonization With EU Copyright Law Under the EU-Moldova Association Agreement of 2014, Moldova was required to reform copyright law to meet EU standards. ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned.

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Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021. CJEU judgments. Top System SA, C-13/20. UKIPO, Consultation on AI and IP.

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Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law.

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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”.

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS.

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Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

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Copyright Law Law Copyright Publishing 57

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This litigation has arisen amongst a flurry of recent interest in AI generated works.

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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.

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Copyright Related Rights Copyright Law Publishing 52

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

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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. 3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense.

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Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

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Copyright Law Art Copyright Law 81

LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

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Music Television Copyright Related Rights 52

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. and certain specific rules.

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LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) Any type of reporting on the user’s part towards a specific CMO may only concern the use of rights that the specific CMO represents.

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Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. The lack of concluding results leads to a work being considered orphan.

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Copyright Marketing Marketing Licensing 101

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. The right is an exclusive right to reproduction and making the content available online to the EU press publishers against online use of their content by information society service providers for two years.

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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. Image via needpix.

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Publishing Law Contracts Licensing 54

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. Image via needpix.

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Publishing Law Contracts Licensing 52

LexBlog IP

NOVEMBER 8, 2023

Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. Law 4481/2017 Article 6 of Law 4481/2017 states: 1. the award of the equitable remuneration).

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Music Related Rights Law Contracts 52

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

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Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. 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).

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Reporting Marketing Marketing Copyright 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. 4, (2) UrhG. [1].

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Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

JUNE 6, 2022

In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression. This article was first published on The Digital Constitutionist and is reposted here with the kind permission of the authors.

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