Remove Contracts Remove Editing Remove Related Rights
article thumbnail

Book review: Performers' Rights

The IPKat

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

article thumbnail

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. The BGH reasoned that a claim for non-material damages was weakened by the fact that there were doubts as to whether the relevant public in that case even attributed the edited images to the author at all. by Christopher Heath. €

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

Kluwer Copyright Blog

Old contracts many of the contracts that were signed by authors and academics pre-date the LLM/genAI era. Contractual interpretation dictates that the provisions must be given the meaning a reasonable person would have understood the intention of the parties to have been at the time the contract was concluded.

article thumbnail

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

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. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale. Valid Transfer of Rights?

article thumbnail

A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

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”.

Art 105
article thumbnail

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

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. or idaroussou@metaxopouloslaw.gr ).

article thumbnail

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

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] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

Copyright 130