Kluwer Copyright Blog

JANUARY 5, 2022

Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters. So, more evolutions are expected, since digital revolutions will continue to shake the world of copyright law. More from our authors: Law of Raw Data.

Copyright Law 115

Copyright Law Copyright Law Graphic Design 115

Kluwer Copyright Blog

JANUARY 4, 2022

More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. At the same time, a global paradigm of online piracy enabling the retransmission of sports events on a worldwide basis has dynamically emerged. by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €

Copyright Law 122

Copyright Law Copyright Law Intellectual Property 122

Kluwer Copyright Blog

MARCH 30, 2022

Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive. Therefore, the narrower the scope of the VSE limitation, the lower the threshold for the right to kick in.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

APRIL 12, 2022

However, Member States can provide for such a right in their legislations. Even if Member States remain free to establish cable retransmission rights both for copyright holders and holders of related rights, these rights should be construed through the harmonised conceptual framework of this Directive.

Television 55

Television Art Related Rights Copyright Law 55

Kluwer Copyright Blog

APRIL 22, 2022

This two-part blog post contains a summary of our report’s conclusions and recommendations. Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights.

Music 63

Music Copyright Derivative Work Ownership 63

Kluwer Copyright Blog

NOVEMBER 11, 2021

More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. This is not the only surprise that came with the Spanish implementation, but is certainly one that needs a careful consideration as to its compatibility with the CDSMD. by Jan Bernd Nordemann, Christian Czychowski. €

Art 112

Art Law Intellectual Property Intellectual Property Law 112

Kluwer Copyright Blog

DECEMBER 28, 2021

Regarding the entitlement to the rights, the recording and broadcast of a sports event are protected by related rights, which are respectively granted to producers of audiovisual works for the first fixation of the film and to broadcasting organisations for the transmission of broadcast signals for public reception.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

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 14, 2022

A third alternative: the related rights approach. We followed the approach of distinguishing between creation and dissemination of works, so as to propose transforming the current CGWs provisions into a neighbouring rights provision. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

IP 58

IP Public Domain Copyright Intellectual Property 58

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

IP 66

IP Inventor Invention Intellectual Property 66

Kluwer Copyright Blog

DECEMBER 12, 2021

The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). Thus, questioning whether EU copyright law provides adequate protection for ML models is not a naïve endeavour. More from our authors: Law of Raw Data. by Christopher Heath. €

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

Kashishipr

AUGUST 31, 2022

When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs). Whether you want to license your creative work or be duly credited for your unique creation, the law is there to help you. ? For more visit: [link].

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kashishipr

NOVEMBER 10, 2021

A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs. For more visit: [link].

Licensing 105

Licensing Invention Intellectual Property Marketing 105

Kluwer Copyright Blog

FEBRUARY 9, 2022

Firstly, the mandatory collective management of rights prevents the author, performer, producer and, since the DSM Directive, publisher from individually exercising their exclusive rights under copyright or related rights. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used. The BGH assumed that an infringement of the related right of the film producer had occurred. More from our authors: Law of Raw Data. by Christopher Heath. €

Contracts 98

Contracts Copyright Law Cease and Desist 98

Barry Sookman

JUNE 27, 2021

RT @McCarthy_ca : McCarthy Tétrault’s multidisciplinary Cyber/Data experts are proud to announce our Cybersecurity Blog Series, helping you… 2021-06-22. link] 2021-06-22.

Intellectual Property 52

Intellectual Property Related Rights Blogging Copyright 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. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. The EU took the Intellectual Property route by introducing a related right under its copy right law.

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Publishing Marketing Marketing Advertising 90

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.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. More from our authors: Law of Raw Data. by Christopher Heath. €

Copyright 58

Copyright Intellectual Property Copyright Law Law 58