IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. Image Source: Shutterstock]. LEGISLATION IN INDONESIA.

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Music Copyright Copyright Infringement Moral Rights 80

Selvam & Selvam Blog

SEPTEMBER 7, 2023

The article aims to shed light on the nuances of well-known trademarks. It is pertinent to note that the doctrine – as provided under the abovementioned Article 6 bis – solely concerns itself with the trademark protection of goods, not services. Whirlpool Corporation and Ors. WELL-KNOWN TRADEMARK – WHAT IS IT?

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Trademark Registration Intellectual Property Business 52

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.

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Copyright Ownership Journalism Publishing 104

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ).

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Kluwer Copyright Blog

DECEMBER 18, 2022

Just like the Croatian legislator when implementing Article 15 of the DSM Directive. This inclusion was criticised as a redundant addition since newspaper articles are already considered literary works. Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’.

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Moral Rights Publishing Licensing Copyright 100

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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Copying Copyright Law Copyright Social Media 101

TorrentFreak

JANUARY 22, 2023

According to an EU statement dated January 2022, Moldova’s State Agency for Intellectual Property ( AGEPI ) responded with a new draft transposing nine EU directives in full and four EU directives in part. An EU assessment published early 2021 identified many areas in need of attention ( pdf ).

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Copyright Law Music Law Copyright 114

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.

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Copyright Law Copyright Law Reporting 110

Kluwer Copyright Blog

APRIL 5, 2022

In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State. UK Intellectual Property Office, UK’s future exhaustion of IPR regime.

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Copyright Law Copyright Law Music 57

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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Contracts Intellectual Property Cinema Copying 96

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

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Copying Copyright Law Copyright Editing 52

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. 2) Does Article 3 of Directive 2001/29/EC.

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Music Television Copyright Related Rights 52

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

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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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Reporting Music Related Rights Licensing 52

Kluwer Copyright Blog

JANUARY 18, 2023

The 2021 copyright law reform also saw the exemption provisions concerning teaching purposes being updated in line with the requirements of the DSMD, specifically to implement Article 5 of the DSMD. This is based on Article 6 and Article 8 of the DSMD. The new related right for press publishers (Sections 87 et seqq.

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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). 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.,

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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. Within 60 days from the entry into force of Article 43bis l.aut.,

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Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

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. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console.

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Contracts Copyright Law Cease and Desist 98

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).

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Music Related Rights Law Contracts 52

Kluwer Copyright Blog

DECEMBER 1, 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 OCSSPs (“online content-sharing services providers”). While Part 1 focused on Article 15 CDSMD, Part 2 considers Article 17 CDSMD.

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Reporting Marketing Marketing Copyright 52

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.

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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.

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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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Copyright Settlement Law Copying 54