Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The law is silent regarding the possibility of transferring and waiving this right, which suggests such possibilities to be lawful. Museu do Azulejo by G.P.

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Art Contracts Publishing Licensing 102

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). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

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Publishing Law Contracts Licensing 55

The IPKat

SEPTEMBER 26, 2024

In so doing, the Belgian legislator arguably went beyond what was required by the Directive and introduced new statutory remuneration rights for authors and performers. Press publishers’ right (Arts. 216/1 (case no. 216/2 (cases nos. 7922 and 7925), XI.228/4 228/4 (cases nos. 7922 and 7927), chapter 4/2 (cases nos. 216/1 and XI.216/2)

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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). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing 52

Publishing Law Contracts Licensing 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. The post is published under a Creative Commons Attribution 4.0 Image by Mediamodifier from Pixabay.

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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. Stay tuned as a comment on the judgment is coming soon in the blog. CDSM Directive implementation.

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Copyright Law Copyright Law Reporting 112

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.

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Government Related Rights Copyright Law 141

SpicyIP

JUNE 2, 2023

Image accessed from here In another landmark development concerning the right of authors of underlying work, the Delhi High Court on May 23 in RDB and Co. HarperCollins Publishers India Pvt. So, would this mean that the plaintiff does not have any rights in the film Nayak? defendant). The plaintiff, RDB and Co.

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Copyright Ownership Contracts Publishing 105

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. or idaroussou@metaxopouloslaw.gr ).

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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 102

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.

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Contracts Intellectual Property Cinema Copying 96

The IPKat

DECEMBER 23, 2023

Léon has recently published a book on the subject, which is being launched on 12 January 2024. Kevin Bercimuelle-Chamot discussed a recent ruling from the Paris Court of Appeal, which held that L'Oréal's continued use of photographs beyond the period stipulated in the copyright assignment contract constituted infringement in France.

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Intellectual Property IP Copyright Law Invention 67

The IPKat

FEBRUARY 3, 2023

With the adoption of both the Directive on Copyright and Related Rights 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.

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Intellectual Property Intellectual Property Law Contracts IP 67

Kluwer Copyright Blog

JULY 11, 2024

15(5) CDSM Directive, journalists, or to be more accurate, authors of works included in press publications, are entitled to receive an appropriate share of the revenues press publishers collect from platforms for online use of their publications. Pursuant to art. And among those that did, the share varies quite significantly.

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Publishing Art Journalism Copyright 74

Kluwer Copyright Blog

OCTOBER 23, 2024

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA). [1] In those six Member States where SPRs do exist, the rules regarding the conditions and scope of the right vary considerably.

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Publishing Journalism Copyright Editing 74

Kluwer Copyright Blog

JANUARY 9, 2023

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. A vanishing right? The Sui Generis Database Right and the proposed Data Act by Paul Keller. [T]he T]he European Commission published its proposal for a Data Act. 17 DSM Directive 2019/790 (“DSMD”). .

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Copyright Blogging Fair Use Reporting 94

Kluwer Copyright Blog

MARCH 8, 2023

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 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.

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Publishing Art Related Rights Marketing 52

The IPKat

JANUARY 30, 2022

The IPKat has published several posts over the past two weeks! 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.

Moral Rights 76

Moral Rights Database Right Design Designs 76

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. Image by Ag Ku via Pixabay. This was the first time since the COVID-19 pandemic started that most of the delegates were reunited in person.

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Copyright Intellectual Property Publishing Reporting 102

LexBlog IP

JANUARY 24, 2024

It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. To add article 51B to Law 2121/1993 in favour of press publishers regarding the online use of their publications by service providers.

Copyright Law 52

Copyright Law Law Copyright Television 52

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

Kluwer Copyright Blog

NOVEMBER 29, 2022

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). The post is published under a Creative Commons Attribution 4.0 Article 15 CDSMD: the new press publishers’ right (PPR).

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Reporting Marketing Marketing Copyright 52

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 55

Contracts Intellectual Property Music Cinema 55

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.

Music 52

Music Copyright Television Related Rights 52

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). Further, they have the right to choose whether they will join a Greek or a foreign organisation, and if so, which CMO that will be.

Copyright 52

Copyright Related Rights Television Law 52

LexBlog IP

NOVEMBER 8, 2023

The claimant had duly published a fee schedule for businesses who may have wished to use the musical works (such as cafes, restaurants, coffee shops, refreshment rooms, fast-food restaurants, coffee-patisseries, internet cafes, etc).

Music 52

Music Related Rights Law Contracts 52

Kluwer Copyright Blog

AUGUST 18, 2021

because there is no public access regime that applies, or because third parties own intellectual property rights. Where third parties such as publishers or data services hold copyright or sui generis rights (or related rights) the public sector body would then of course have to ensure it has proper authorization from the right holder.

Government 55

Government Database Right Intellectual Property Copyright 55

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. This article was originally edited by, and first published on, www.lexology.com. Endnotes (1) Decision No. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

The IPKat

JANUARY 21, 2022

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.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

The IPKat

JUNE 26, 2022

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. 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.

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Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

NOVEMBER 17, 2021

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). This first part covers the definition of a work, authorship and moral rights. Germany has always had an extensive judicial practice in copyright law.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

DECEMBER 16, 2024

The European Commission published the first draft of the Code on 14 November 2024. Before contracting with third parties for the use of data sets for GPAI model development, the Providers must conduct reasonable copyright due diligence.

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Copyright Law Due Diligence Copyright Technology 52