Contracts, Government and Related Rights - Intellectual Property Pulse

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) We reported on this here.

Copyright Law

Copyright Law Law Copyright Reporting

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain

Public Domain Contracts Copyright Licensing

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Option 3: adopt an exception for any use, with a possibility for rightholders to contract out.

IP

IP Inventor Invention Intellectual Property

Role Of Intellectual Property Rights In The Era Of Quantum Technology

IIPRD

NOVEMBER 23, 2022

Recent advances in the technical field of quantum technologies have not only experienced high amount of attention in information science and software engineering disciplines but also gained a wide interest of government due to its complexity and global significance. What kinds of IP related rights would apply to quantum computing technology?

Intellectual Property

Intellectual Property Technology Intellectual Property Law Government

Navigating the Global Intellectual Property Landscape: Key Treaties and Agreements

IIPRD

JUNE 24, 2024

As states attempt to protect and capitalize on the fruits of human ingenuity, deciphering the complex web of international treaties and accords governing intellectual property rights have become critical.

Intellectual Property

Intellectual Property Artistic Work Registration Copyright

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright. Audiovisual globalisation.

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

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. The implementation of the CDSM into French law.

Contracts

Contracts Intellectual Property Cinema Copying

A summary look at the Portuguese transposition of the CDSM Directive

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”.

Art

Art Contracts Publishing Licensing

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. Stage II: The Data Governance Act. But the Data governance act would do more. 1(6) Open data directive).

Government

Government Database Right Intellectual Property Copyright

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.

Government

Government Related Rights Copyright Law

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

DECEMBER 17, 2024

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.

Publishing

Publishing Reporting Brands Branding

CJEU has received first reference on DSM Directive

The IPKat

OCTOBER 25, 2023

When the negotiations failed, the ONB turned to the Belgian government, asking it to issue a Royal Decree that would set the amount of remuneration due to ONB musicians. 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.

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

Kluwer Copyright Blog

JUNE 19, 2023

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.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

CDSM: French transposition on the remuneration of performers

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.

Contracts

Contracts Intellectual Property Music Cinema

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

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.

Publishing

Publishing Art Licensing Confidentiality

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

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. This could cause problems in cases when the publishing contract is governed by non-EU law.

Copyright

Copyright Ownership Journalism Publishing

Sunday Surprises

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents.

Intellectual Property

Intellectual Property IP Registration Copyright

The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I

Kluwer Copyright Blog

MARCH 17, 2025

The new copyright law, the amended Polish Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. The implementing law amended three acts: the Copyright and Related Rights Act, the law on the protection of databases, and the act on collective management.

Marketing

Marketing Marketing Copyright Related Rights

AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

The IPKat

NOVEMBER 10, 2024

18 to 23, which govern fair remuneration in exploitation contracts of authors and performers. When negotiations broke down, the ONB sought government intervention, which resulted in a Royal Decree issued on June 4, 2021. If the CJEU follows the reasoning suggested by the AG, authors’ and performers’ rights under Arts.

Law

Law Contracts Art Government

C-575/23: statutory assignment of rights without prior consent is against EU law

The IPKat

MARCH 7, 2025

18-23 of the Directive concerning fair remuneration in exploitation contracts of authors and performers. According to the government, this was justified as the ONB musicians are statutory agents, a status similar to that of civil servants. With regard to applicability of Arts. 18-23 Directive 2019/790, but also with Arts.

Law

Law Art Contracts Government

First draft of the General-Purpose AI Code of Practice has been released

Kluwer Copyright Blog

DECEMBER 16, 2024

Before contracting with third parties for the use of data sets for GPAI model development, the Providers must conduct reasonable copyright due diligence. The Providers must create and implement an internal policy to comply with EU copyright laws, covering the entire lifecycle of any GPAI model.

Copyright Law

Copyright Law Due Diligence Copyright Technology

Intellectual Property Pulse

EU copyright law round up – fourth trimester of 2021

Whither a Signal-Based Broadcast Treaty?

Trending Sources

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Role Of Intellectual Property Rights In The Era Of Quantum Technology

Navigating the Global Intellectual Property Landscape: Key Treaties and Agreements

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

A summary look at the Portuguese transposition of the CDSM Directive

Please share nicely — From Database directive to Data (governance) acts

UK Government axes plans to broaden existing text and data mining exception

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

CJEU has received first reference on DSM Directive

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

CDSM: French transposition on the remuneration of performers

Top 10 Posts on the Kluwer Copyright Blog in 2022

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Sunday Surprises

The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I

AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

C-575/23: statutory assignment of rights without prior consent is against EU law

First draft of the General-Purpose AI Code of Practice has been released

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