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. This would be contrary to arts.

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Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 105

Copying Copyright Law Copyright Social Media 105

TorrentFreak

MARCH 24, 2025

Draft Law Aims to Tackle Sport’s ‘Structural’ Problems Senators Michel Savin and Laurent Lafon presented a bill last week aimed at reforming professional football through recommendations spanning how the sport is organized, managed and financed. “Ligue 1 is suffering an erosion of its appeal and a decline in its value.

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The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing 125

Publishing Copyright Related Rights Social Media 125

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. Some intermediary platforms that enable NFT minting incorporate copyright issues, such as transfer of rights, into the transaction.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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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Government Related Rights Copyright Law 141

Kluwer Copyright Blog

JUNE 27, 2023

The approved Decree-Law 47/2023 to a large extent corresponds to a legislative project ( Project 52/XV ), which, in turn, was a variation of a previous project ( Project 114/XIV ) that failed due to a political crisis that led to early elections in the country. However, Art. 15 and 17 CDSM Directive. 2-x Copyright Code.

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Art Contracts Publishing Licensing 105

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).

Publishing 133

Publishing Copyright Related Rights Law 133

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. The implementation of the CDSM into French law.

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Contracts Intellectual Property Cinema Copying 96

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers.

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Contracts Music Related Rights Television 52

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. Whether relief can be provided by the law of fundamental rights is currently unclear.

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Copyright Ownership Journalism Publishing 111

The IPKat

SEPTEMBER 26, 2024

Yesterday, the Constitutional Court of Belgium issued a ruling in joined cases 7922, 7924, 7925, 7926, 7927, concerning the validity of the Belgian law that transposed Directive (EU) 2019/790 [DSM Directive; see an earlier post on this case here ]. 7924, 7926 and 7927) of the Code of Economic Law. Press publishers’ right (Arts.

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Publishing Art Licensing Confidentiality 129

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. To date, the decree has yet to be drafted.

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Publishing Law Contracts Licensing 59

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. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

Copyright Law 52

Copyright Law Law Copyright Television 52

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] Under the law of copyright, the authors of works of science are the copyright owners of their published articles.

Copyright 130

Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. To date, the decree has yet to be drafted.

Publishing 52

Publishing Law Contracts Licensing 52

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.

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Intellectual Property Intellectual Property Law Contracts IP 69

The IPKat

AUGUST 1, 2021

However, the court was of the view that the case law lacks sufficient clarity to enable it to answer the questions without referral to the CJEU. The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. Is "communication to the public" in Art.

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Television Art Advertising Advertising 145

Kluwer Copyright Blog

JANUARY 9, 2023

The creation and development of copyright law are closely connected to technological and associated business transformations … It is therefore not surprising that progress in AI technologies and their deployment in the creative sector creates new opportunities and challenges for the law, creators (authors and performers), and rightsholders.

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Copyright Blogging Fair Use Reporting 95

The IPKat

DECEMBER 23, 2023

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Trade Marks Chijioke Okorie provided an overview of the key developments in trade mark law across the African continent as part of the “Africa IP Highlights” series for 2023.

Intellectual Property 69

Intellectual Property IP Copyright Law Invention 69

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. Internet Law: A Concise Guide to Regulation Around the World. Image by Ag Ku via Pixabay. The current text, less ambitious than earlier drafts (e.g.

Copyright 108

Copyright Intellectual Property Publishing Reporting 108

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.

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Public Domain Contracts Copyright Licensing 69

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 59

Contracts Intellectual Property Music Cinema 59

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.

Copyright 52

Copyright Related Rights Television Law 52

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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Publishing Journalism Copyright Editing 81

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The UK recognises that in order to guarantee that IP incentivises innovation, the government should focus on its domestic IP law and enhance the UK’s AI competitive edge through a potential legislative reform.

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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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Copyright Related Rights Copyright Law Publishing 52

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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Music Copyright Television Related Rights 52

LexBlog IP

NOVEMBER 8, 2023

If the use has clearly taken place and ceased before the exercise of the application, article 49 of Law 2121/1993 is applicable, dealing with reasonable and uniform remuneration in the context of regular proceedings or trials. Law 4481/2017 Article 6 of Law 4481/2017 states: 1.

Music 52

Music Related Rights Law Contracts 52

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. Trademarks Independent applications must be filed in each country. It is the conventional way to file a trademark.

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Intellectual Property IP Contracts Registration 52

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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Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

NOVEMBER 29, 2022

Based on information gathered through a questionnaire distributed to national experts from each examined Member State, the report assesses the compliance of the national implementations with the internal market objective of the Directive and the EU’s law of fundamental rights. Article 15 CDSMD: the new press publishers’ right (PPR).

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IIPRD

NOVEMBER 23, 2022

For instance, which current governing law would apply to quantum governing technology? What kinds of IP related rights would apply to quantum computing technology? QUANTUM COMPUTING AND THE FUNCTION OF INTELLECTUAL PROPERTY LAWS. INTERSECTION OF INTELLECTUAL PROPERTY LAW WITH FAIR COMPETITION PROMOTING LAWS.

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Intellectual Property Technology Intellectual Property Law Government 40

Kluwer Copyright Blog

JULY 11, 2024

The appropriate share should be determined in a company agreement or other collective agreement, and if the parties do not reach a consensus within 6 months from start of negotiations, the case can be referred to the Copyright and Related Rights Commission (CDADV). The offers made and accepted in France are rather inconsistent.

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Publishing Art Journalism Copyright 81

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. because there is no public access regime that applies, or because third parties own intellectual property rights. and not charging fees for re-use.

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Government Database Right Intellectual Property Copyright 59

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.

Copying 52

Copying Copyright Law Copyright Editing 52

IIPRD

JUNE 24, 2024

2] While these principles are basic, member nations have significant flexibility in tailoring their national patent laws to line with their interests, including setting patentability criteria, duration, and other features. Trips, the Berne Convention, and Legal Hybrids.” ‘ Columbia Law Review’ 94, no. 4 (1986): 423–40. [6]

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Intellectual Property Artistic Work Registration Copyright 52