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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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

JUNE 29, 2023

The AG is of the opinion that such national legislation is precluded by EU law and in particular by Article 3(2) of Directive 2000/31 , as well as Article 16(1) and 2(d) of Directive 2006/123. 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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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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Kluwer Copyright Blog

SEPTEMBER 2, 2024

The objective was to assess the national implementations of the two articles for compliance with the internal market objective of the CDSMD and with the EU’s law of fundamental rights. re-opening the study prompted a re-examination of the wording of the Dutch implementation of Article 17 CDSMD comparative to other jurisdictions.

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Reporting Related Rights Publishing Copyright 133

The IPKat

SEPTEMBER 26, 2021

Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services? In Austro-Mechana , the question is once again one of private copying in the cloud.

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Copying Copyright Law Related Rights 98

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 105

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible.

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Related Rights Law Copyright Copying 52

The IPKat

JANUARY 24, 2023

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. 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

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 105

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

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

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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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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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Velocity of Content

JANUARY 7, 2025

The following is an excerpt from the article The Heart of the Matter: Copyright, AI Training, and LLMs, authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. See supra Part IV [ read full article here ]. See supra note 56, at 231-56 [ read full article here ].

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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

LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. 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).

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Intellectual Property Moral Rights Related Rights Art 52

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

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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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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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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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.

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The IPKat

OCTOBER 6, 2024

The scope of TDM exceptions: extraction and reproduction Like the corresponding EU provisions, the German sections considered by the court are exceptions to specified restricted acts under copyright and other rights: Like Art. As also discussed in greater detail in this research article here (at p. 3 or 4 of the DSM Directive).

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Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. 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.

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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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Art Copyright Law Related Rights 136

Kluwer Copyright Blog

MARCH 21, 2023

The provision only applies to literary works, audiovisual work, phonograms, and visual works embedded into these works e.g. books (article 1(2) OWD). The cultural heritage institutions that want to use this system must conduct a diligent search for the rightholders (article 3 OWD).

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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

OCTOBER 4, 2023

The parody, pastiche, and caricature exception, enshrined in Article 5(3)(k) of the Information Society Directive ( InfoSoc ), represents an optional provision for EU member states to incorporate into their domestic legislation. Similarly, modern interpretations suggest that pastiche can also incorporate elements of critique.

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Copyright Law Art Copyright Law 88

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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Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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Copying Law Related Rights Copyright Law 59

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

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Copying Law Copyright Law Copyright 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 59

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

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

The IPKat

JULY 20, 2023

What those references have in common is that both were made in the field of broadcasting and concern issues of private copying under Article 5(2)(b) of the InfoSoc Directive. In this specific case, the question is whether broadcasters are entitled to fair compensation for private copying of fixations of their broadcasts.

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SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Critics of press publisher right argue that copyright is awarded to incentivize creativity by rewarding exclusivity.

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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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