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]

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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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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).

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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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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.

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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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The IPKat

APRIL 8, 2023

Other Italian and foreign copyright and related rights collecting societies have also claimed that their music catalogues were taken down illegitimately and have requested Meta to restore their music on the relevant services. SIAE claims that Meta did not negotiate transparently. It could test the applicability of Art. 17 (4), a).

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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. Articles 3 and 4 of the Directive , introduce text and data mining as a new copyright law exception. The Highly-Debated Article 17. What the Member States Have Done.

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Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. The exhaustion of copyright in computer programs, which is harmonised under European law in Article 4(2) of the Computer Programs Directive (2009/24), was transposed into law in Germany in Section 69c No.

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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. The ‘old’ analogue exception for teaching Until the enactment of Law 4996/2022 the teaching exception was exclusively regulated by Article 21(1).

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Licensing Related Rights Publishing Law 98

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

TorrentFreak

APRIL 22, 2024

The subscription platform has been repeatedly called out as a notorious piracy market by the US Trade Representative, as recently as this year. The defendant has violated the provisions of the law which protect the copyright and related rights of the Motion Picture Association’s members and the English Premier League,” Judge Le Hai Yen said.

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The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

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Intellectual Property Intellectual Property Law Related Rights Registration 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. Image of conolan on Pixabay.

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Art Law Related Rights Marketing 85

Kluwer Copyright Blog

DECEMBER 12, 2022

Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Other relevant limitations and exceptions in EU law permit the use of “quotations for purposes such as criticism or review” 9b and the making available of articles on dedicated terminals in library networks.

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Copyright Publishing Journalism Art 123

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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Art Contracts Publishing Licensing 102

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Image source: iStock].

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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.

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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. At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market.

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Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kashishipr

NOVEMBER 10, 2021

Where it is known as compulsory licensing in reference to patents, it is known as statutory licenses in reference to copyright and related rights. As mentioned above, Article 31 of the TRIPS Agreement provides for the issuance of compulsory licenses upon the fulfillment of certain conditions.

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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.

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Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

NOVEMBER 11, 2021

The obvious mandate of this article is that, when OCSSPs meet those conditions, they are not liable for the unauthorised acts of communication to the public. The liability limitation laid down in the ECD shelters hosting providers from any kind of liability – leaving aside the possibility of injunctions.

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Art Law Intellectual Property Intellectual Property Law 113

Kluwer Copyright Blog

JANUARY 9, 2023

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. Since then, courts in the U.S.

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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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Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

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Copyright Law Editing Related Rights 64

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. Photo by Aneeque Ahmed, NounProject.com. Thus, we propose a solution in the form of introducing a new EU-level institution.

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Copyright Marketing Marketing Law 52

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.

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Copyright Social Media Copyright Infringement Publishing 111

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.

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Publishing Art Related Rights Marketing 52

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.

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Copying Copyright Law Copyright Social Media 102

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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Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994.

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Copying Law Related Rights Copyright Law 55

Kluwer Copyright Blog

MAY 26, 2022

263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. In addition, an action for annulment under Art.

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Law Intellectual Property Related Rights Art 58

Kluwer Copyright Blog

NOVEMBER 23, 2023

We suggest that as a first step, the Commission should publicly identify data sources, protocols and standards that allow authors and rightholders to express a machine-readable rights reservation in accordance with Article 4(3) CDSM, that are freely available and whose functionality is publicly documented. Convergence on opt-outs?

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Copyright Fair Use Publishing Reporting 98

Kluwer Copyright Blog

FEBRUARY 12, 2023

148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. In essence, the combined provisions of Articles 4(2) and 20(2) of the Decree and Art. 633 of 1941). 35/2017, whose Art.

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Copyright Law Marketing Marketing 64

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 Court emphasized that exclusion of non-EEA rightholders from remuneration must be explicit, as the right falls within the fundamental right to intellectual property in Article 17(2) CFREU.

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Kluwer Copyright Blog

APRIL 5, 2022

Among many other things, the proposal seeks to clarify the application of the Database Directive , namely the “accidental or unintended application of the sui generis right to databases containing machine-generated data”. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

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Copyright Law Copyright Law Music 58

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

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