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. In this post, its author provides a brief outline.

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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 Irish legislative transposition finally became law on 19 November 2021. Section 53A).

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Copying Copyright Law Copyright Social Media 101

Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. Since then, courts in the U.S.

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Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. Photo by Markus Spiske on Unsplash. CDSM Directive implementation.

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The IPKat

OCTOBER 25, 2023

The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021. 205 of the Belgian Code of Economic Law (that regulates rights of performers), Belgian Constitution , art. As such, it would be contrary to EU copyright directives.

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LexBlog IP

MAY 4, 2022

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

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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.

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Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] The new copyright rules relevant to “Big Deals”. In current practice, authors are expected to assign or exclusively license their copyright to publishers.

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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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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. To introduce a mechanism of extended copyright licensing.

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Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. The first of this series of blog posts on copyright reform at WIPO analyzes the history of the discussions on L&Es. Image by Ag Ku via Pixabay.

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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.

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Kluwer Copyright Blog

APRIL 18, 2024

Copyright: WIPO. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Requires right to prevent the retransmission of a programme that has been stored after its original linear transmission.

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LexBlog IP

AUGUST 4, 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). Introduction. Such remuneration is payable only to CMOs. Legislative background.

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The IPKat

DECEMBER 23, 2023

The case relates to a trade mark application to register the word mark 'BASMATI' for rice, which is being opposed on the basis of the UK law of passing off. Copyright and Designs Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023.

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Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author. Remuneration of authors under French copyright law before the 2021 Order. If the exploitation of the work is financially more successful than envisaged, Article L.131-5

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LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. It may therefore be concluded that such right is not assigned to a CMO.

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The IPKat

SEPTEMBER 4, 2024

AGA did not accept the sales of the cookers changed by the UKIG since they were no longer counted as the original AGA Cookers which led to the infringement of AGA`s trade mark rights. Furthermore, AGA also discussed a possible copyright infringement in its design. On the copyright side, AGA was granted permission to appeal.

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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.

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The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. Click here and here to know more. Click here to know more. More information here.

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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). Targeted users.

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Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

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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. Examples of the latter are the articles on authors’ and performers’ contracts (Articles 18 to 23).

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The IPKat

SEPTEMBER 26, 2024

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). 216/1 and XI.216/2) 216/2) Art.

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Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

An application for a Eurasian patent covers all Contracting States of the Eurasian Patent Convention, and a Eurasian patent is granted for all these Contracting States together. EAPO has a total of eight member states, including Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan, and Turkmenistan.

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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 ). 43bis I.aut.,

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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. 43bis (9)).

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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. 43bis (9)).

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Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

JULY 11, 2024

Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. A dispute in Malta can be referred to the Copyright Board, and one in the Netherlands , to the Dispute Committee. While it is art.

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The IPKat

JANUARY 30, 2022

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

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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. Photo by Rock’n Roll Monkey on Unsplash.

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IIPRD

NOVEMBER 23, 2022

What kinds of IP related rights would apply to quantum computing technology? This article will provide the holistic view of the current framework of IP and its related rights and how would it balance the interests of innovators/stakeholders and the interest of public. Copyright Protection and Enforcement.

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IIPRD

JUNE 24, 2024

This article sheds light on the foundational frameworks and pivotal agreements that govern the rights and responsibilities of creators, innovators, and consumers worldwide. 4] Prior to its creation, several countries implemented copyright laws individually, resulting in varied regulations limited to their respective territories.

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The IPKat

AUGUST 1, 2021

After legal analysis, the referring court indicated that it is inclined to find in favor of the copyright holder on both questions (ie, that the operation of the online video recorder constitutes a communication to the public and thus copyright infringement under the InfoSoc Directive). Is "communication to the public" in Art.

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LexBlog IP

NOVEMBER 8, 2023

Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops).

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LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

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