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

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 OWD and the CDSM Directive’s OOCW provisions now coexist as two distinct options that cultural heritage institutions can rely on for clearing rights.

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Copyright Marketing Marketing Licensing 105

The IPKat

SEPTEMBER 4, 2024

Book Review Katfriend Maciej Padamczyk (Herchel Smith Doctoral Researcher, Research Associate QMIPRI) reviewed Research Handbook on Intellectual Property Rights and Inclusivity , edited by Cristiana Sappa. Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art.

Personality Rights 59

Personality Rights IP Copyright Art 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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

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The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis. This litigation has arisen amongst a flurry of recent interest in AI generated works.

Litigation 143

Litigation Copying Copyright Designs 143

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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing 52

Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

OCTOBER 23, 2024

In most countries, the right is limited to scientific articles published in periodicals, but criteria establishing what constitutes a ‘periodical’ vary widely. Monographs, scholarly books, and other one-off publications are often excluded.

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Kluwer Copyright Blog

FEBRUARY 9, 2022

Member States, of course, have their own tradition with collective management (as amply demonstrated in the rich 2021 Study on emerging issues on collective licensing practices ), which they have adopted as a mandatory tool for exercising the rights of authors and other right holders in a wide variety of situations (as acknowledged under rec.

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Kluwer Copyright Blog

MARCH 28, 2025

Opt-out reservations as a licensing mechanism Based on existing rules, it is possible to use the opt-out model of Article 4 of the Copyright in the Digital Single Market (DSM) Directive as a starting point for constructing a scheme for the compensation of creators. This post will take a closer look at these three proposals.

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