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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. The direct licensing of in-store music was not covered by the agreement.
The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. The defendant operated the platform based on license agreements with TV channel operators. Is "communication to the public" in Art. 2(a) and (e) and Art.
The plaintiff asserted that the copyright in the film, as well as all indirect, derivative and relatedrights associated with the film, are vested in the plaintiff and sought a decree for permanent injunction restraining the defendant from publishing and distributing the novel.
With the adoption of both the Directive on Copyright and RelatedRights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. Click here and here to know more. Click here to know more.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Copyright: WIPO.
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.)
That call concerned patents, copyright and relatedrights, designs, trade marks and trade secrets. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes. Option 3: adopt an exception for any use, with a possibility for rightholders to contract out.
It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions. Further, article 22 of Law 4481/2017, stipulates that: 1.
In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and relatedrights regarding the specific musical repertoire. It may therefore be concluded that such right is not assigned to a CMO.
Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a relatedright of another person shall be liable for compensation of damages and for restitution of moral damages.
Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement.
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 relatedrights”.
Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. If the exploitation of the work is financially more successful than envisaged, Article L.131-5
There is a shared interest in ensuring that AI companies have legal routes to license content in the quantity required by this revolutionary technology. Old contracts many of the contracts that were signed by authors and academics pre-date the LLM/genAI era. They vary in wording and sometimes include broad terms.
After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the relatedright for press publishers) as implemented into Italian law.
However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any relatedrights 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.
15 of DSM Directive introduced a relatedright for press publishers to control the online uses of their press publications by information society service providers (ISSPs). They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation.
The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and RelatedRights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).
It is thus clear that TDM does matter - but what should its relationship with copyright and relatedrights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.
The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. The most intuitive proposition is that for providers of generative AI, big tech, to remunerate creators whose works are used to train algorithms.
Such discretion ranges from the very option to do something in the first place to shaping the actual content of rights and rules. An example of the former is the possibility, under Article 12, to provide for collective licensing with an extended effect. Are national legislatures entirely to blame for this? In fairness, not.
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] In current practice, authors are expected to assign or exclusively license their copyright to publishers. Scientometrics (2022): [link]. [3] 8] (a) Art.
In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and relatedrights 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. Recommendations.
This was to be done by imposing as few conditions as possible, using standardized licenses wherever possible, making information technically open (open formats, electronic delivery, etc.) So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.
However, attention is necessary: the PPR is a relatedright and its subject matter does not need to qualify as (a part of) a “work”. In other cases, problems arise from broader national definitions of the relevant rights compared to the equivalent EU terms. Licensing the PPR. Targeted users.
The SPR of EU-based researchers should apply even when the publishing contract designates the law of a non-EU country as applicable law. Binding nature The SPR should apply regardless of the copyright ownership of the publication, or of any contractual restriction in the publishing agreement.
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.
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.
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.
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.
2121/1993 on “Copyright, RelatedRights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and RelatedRights” ( ΦΕΚ Α’ 100/20.7.2017 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.
It has several aims, including the following: To facilitate copyright and relatedrightslicensing in protected works and other subject matters in certain television transmissions and radio programs. To introduce a mechanism of extended copyright licensing.
Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and relatedrights and patents. FIDE - The Metaverse As A Challenge To Classical IP - 29 June 2022 - Online The Metaverse steadily developed, and its role became even more central to the business.
18 to 23, which govern fair remuneration in exploitation contracts of authors and performers. Conformity with Directive 2001/2 and Directive 2006/115 The AG first reminded that, in light of international treaties and the EU acquis, performers’ rights are exclusive rights and not remuneration rights. Applicability of Arts.
18-23 of the Directive concerning fair remuneration in exploitation contracts of authors and performers. 18 to 23 Directive 2019/790, the AG opined that they are applicable to statutory agents and to acts of exploitation (such as performances) occurred after June 7, 2021, even if they are governed by a contract concluded prior to that date.
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