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.

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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.

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Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. More from our authors: Law of Raw Data.

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Kluwer Copyright Blog

DECEMBER 12, 2021

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. by Christopher Heath. €

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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.

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Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

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Kluwer Copyright Blog

APRIL 5, 2022

post on the judgment is coming soon in the blog, so watch this space. Stay tuned as a comment on the AG Opinion is coming soon in the blog. UK Intellectual Property Office, UK’s future exhaustion of IPR regime. The AG opinion was commented previously on this blog.A RTL Television, AG Pitruzzella, C-716/20.

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Kluwer Copyright Blog

DECEMBER 26, 2021

Stay tuned as a comment on the judgment is coming soon in the blog. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) A new UK bill focusing on various aspects related to musicians and other related right holders was published in November. More from our authors: Law of Raw Data.

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Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

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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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Kluwer Copyright Blog

JANUARY 4, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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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. In Spain, the implementation of the right was analogously broad. More from our authors: Law of Raw Data.

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Kluwer Copyright Blog

NOVEMBER 11, 2021

17(4) and thus is shielded by the safe harbour established therein, right holders will not be able to claim damages. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. According to Art. On the contrary, if the OCSSP meets the conditions laid down in Art.

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Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

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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. €

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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.

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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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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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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. The creation of ‘new’ fundamental rights in not unprecedented.

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