The IPKat

JULY 15, 2021

AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information? He considered that the only option available to the CJEU is to either save or annul Article 17 in its entirety.

Copyright 104

Copyright Law Related Rights Technology 104

Kluwer Copyright Blog

JULY 20, 2021

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

Copyright 102

Copyright Settlement Government Copyright Infringement 102

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. The Highly-Debated Article 17.

Copyright 105

Copyright Copyright Law Due Diligence Law 105

The IPKat

JULY 12, 2024

This sprawling regulation comprises 180 recitals and 113 articles. It covers a wide range of areas, from health and safety to CE marking and copyright. IP-related impact Recitals 104 to 109 and Article 53 have a direct impact on copyright.

Publishing 125

Publishing Related Rights Copyright Marketing 125

Kluwer Copyright Blog

OCTOBER 23, 2024

Secondary Publication Rights as Enablers of (Green) Open Access SPRs are rights under copyright law that allow authors of publicly funded scientific research to post their published works on institutional websites and repositories, without the need for permission from the publishers that often own the copyrights.

Publishing 74

Publishing Journalism Copyright Editing 74

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.

Government 141

Government Related Rights Copyright Law 141

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. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

Copyright Law 58

Copyright Law Copyright Law Music 58

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

Copyright Law 52

Copyright Law Law Copyright Television 52

The IPKat

AUGUST 24, 2021

Beach + sunbathing + copyright = the perfect summer As readers with an interest in EU copyright are well aware, EU Member States had time until 7 June to transpose the DSM Directive 2019/790 [Katposts here ] into their own national laws.

Publishing 133

Publishing Copyright Related Rights Law 133

The IPKat

APRIL 8, 2023

by Deborah De Angelis On March 16th , Meta (the American information technology company which owns Facebook, Instagram, and WhatsApp) removed the music catalogue of SIAE, the Italian copyright collecting society, from its services due to the parties’ inability to reach an agreement to renew the pre-existing licence. 17 (4), a). 17 (4), c).

Music 129

Music Art Copyright Related Rights 129

The IPKat

OCTOBER 11, 2022

Article 108(3-bis) clarifies in fact that non-profit uses of cultural heritage items for purposes of study, research, freedom of expression or creative expression, and promotion of the knowledge of cultural heritage do not require authorization. This said, authorization is not required in each and every case.

Artwork 110

Artwork Public Domain Moral Rights Art 110

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. Reporting on current events (Section 50 UrhG) and right of quotation (Section 51 UrhG).

Related Rights 52

Related Rights Law Copyright Copying 52

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. You can read the previous round-ups here. For a blog post detailing the hearing before the court see here.

Copyright Law 58

Copyright Law Law Copyright Publishing 58

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. Provisions of intellectual property law will be applicable to NFTs. Certain types of intellectual property rights must be considered in relation to the NFTs: 1. Conclusion.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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”).

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

JANUARY 23, 2024

While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different. Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it.

Copyright Infringement 121

Copyright Infringement Copyright Law Journalism 121

TorrentFreak

MAY 12, 2023

“Most Voluminous” Copyright Decree Ever Issued in Vietnam Global IP services firm Rouse reports that with 8 chapters and 116 articles, Decree 17 is the most voluminous copyright decree ever issued in Vietnam. At first blush, it appears to herald a new world of opportunities for rightsholders.

Intellectual Property Law 140

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 140

Kluwer Copyright Blog

DECEMBER 12, 2022

The new copyright rules relevant to “Big Deals”. Under the law of copyright, the authors of works of science are the copyright owners of their published articles. 8c Accordingly, publishers may not restrict or condition text and data mining from scientific journals to which the researchers have lawful access.

Copyright 123

Copyright Publishing Journalism Art 123

Kluwer Copyright Blog

MAY 1, 2023

In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights. These shall be analysed below.

Licensing 98

Licensing Related Rights Publishing Law 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

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. The exception for the purpose of scientific research.

Copyright 105

Copyright Ownership Journalism Publishing 105

Kluwer Copyright Blog

JANUARY 9, 2023

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

Copyright 94

Copyright Blogging Fair Use Reporting 94

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

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.

Copying 55

Copying Law Related Rights Copyright Law 55

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

Copyright 145

Copyright Art Fair Use Registration 145

JD Supra Law

AUGUST 5, 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). By: International Lawyers Network

Copyright 52

Copyright Related Rights Copyright Law Law 52

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Some argue that Art.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

MAY 1, 2024

Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin. The proposed Design Directive and Regulation maintain the cumulation principle, aligning with CJEU case law on originality. Any limitation must be clearly defined by law.

Copyright 64

Copyright Art Design Designs 64

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.

Copyright Law 84

Copyright Law Art Copyright Law 84

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. The focus of the article is Ms. Buzzfeed, Inc.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

IP and Legal Filings

DECEMBER 6, 2022

The Indonesian copyright regime is governed by its Copyright Act of 2014 (‘Act’). Music, with or without lyrics has been provided protection under this regime under Article 40 (1) (d) of the Act. The Act further lays down the limitations on copyrights, provides and establishes penalties for infringement.

Music 97

Music Copyright Copyright Infringement Moral Rights 97

Kluwer Copyright Blog

MAY 18, 2022

Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. A New EU Copyright Institution. Photo by Aneeque Ahmed, NounProject.com.

Copyright 52

Copyright Marketing Marketing Law 52

Kluwer Copyright Blog

JANUARY 31, 2023

The situation was only different, according to the BGH, in the exceptional cases where providers intentionally collaborated with their customers to commit rights infringements. The “ uploaded III ” case also concerned the infringement of rights of communication to the public via the aforementioned file hosting and sharing service.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. Simple photographs.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 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 ).

Publishing 52

Publishing Art Related Rights Marketing 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