Copying, Copyright, Reference and Related Rights

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

The IPKat

SEPTEMBER 26, 2021

Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services? In Austro-Mechana , the question is once again one of private copying in the cloud.

Copying

Copying Copyright Law Related Rights

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. The claimant is the owner of the copyright in several TV shows broadcast on the relevant TV channels. has the sole administrator rights for the streaming platform, c.

Television

Television Art Advertising Advertising

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying

Copying Law Copyright Law Copyright

Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

The IPKat

JULY 20, 2023

Seven.One vs the seven lives (and one great love) of a Kat Ahead of the August break, last week was a busy one for copyright at the Court of Justice of the European Union (CJEU). In this specific case, the question is whether broadcasters are entitled to fair compensation for private copying of fixations of their broadcasts.

Copying

Copying Law Copyright Publishing

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

Music

Music Copyright Copyright Infringement Moral Rights

The Five Essential Copyright-Related Terms You Need to Know

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. However, it is undoubtedly imperative for online content creators to know the ABCs of copyright terminology for safeguarding their unique content.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

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? 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.

Government

Government Related Rights Copyright Law

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

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. 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.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Cost of rights management by CMOs. Law 4481/2017 also regulates the cost of rights management by CMOs, which must be reasonable. Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights.

Related Rights

Related Rights Licensing Law Copyright

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Applicable legal provisions The relevant law in this case was Law 2121/1993.

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

Kluwer Copyright Blog

SEPTEMBER 20, 2023

When the German Federal Court of Justice (BGH) issued its fourth ruling in the “Metall auf Metall” copyright sampling case in April 2020, it seemed that the dispute would finally reach the top of the hill (see here ). In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.

Art

Art Copyright Law Copyright Music

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

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

Copying Copyright Law Copyright Social Media

EU copyright law round up – third trimester of 2022

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is a preliminary reference from the Portuguese Supereme Court, which interprets the notion of “cable restransimission”. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Music

EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law.

Copyright Law

Copyright Law Copyright Law Music

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.)

Copyright Law

Copyright Law Copyright Law Reporting

EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law

Copyright Law Law Copyright Publishing

EU copyright law round up – third trimester of 2021

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Television

What is the Copyright Status of AI Generated Works?

azrights

AUGUST 11, 2022

As AI platforms like Midjourney , or Dall-E2 are widely adopted the question that is increasingly being asked is about the copyright position. It’s possible to create striking artistic images, music, poems and the like using Artificial Intelligence (AI) platforms so people naturally wonder who owns the rights in the output?

Copyright

Copyright Due Diligence Designs Design

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

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.

Copyright

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law.

Copyright Law

Copyright Law Art Copyright Law

Athens court rules on moral damages in software infringement case

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 Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying

Copying Copyright Law Copyright Editing

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

Art

Art Copyright Law Related Rights

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

Music

Music Television Copyright Related Rights

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

Remuneration of authors under French copyright law before the 2021 Order. There are two possible forms of remuneration under French copyright law: royalties based on the revenues deriving from the exploitation of the work, and, as an exception to this rule, fixed royalties in the form of a lump sum. and certain specific rules.

Contracts

Contracts Intellectual Property Cinema Copying

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing

Publishing Law Contracts Licensing

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing

Publishing Law Contracts Licensing

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops).

Music

Music Related Rights Law Contracts

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

Reporting

Reporting Marketing Marketing Copyright

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. 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). Mere facts”.

Reporting

Reporting Marketing Marketing Copyright

CJEU Gives File-Sharer Surveillance & Data Retention a Green Light

TorrentFreak

APRIL 30, 2024

The Council of State referred the matter to the Constitutional Council, which in turn referred questions to the Court of Justice of the European Union (CJEU) for interpretation under EU law. EU member states may not pass national laws that allow for the general and indiscriminate retention of traffic and location data.

Privacy

Privacy IP Related Rights Law

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below. 4, (2) UrhG.

Moral Rights

Moral Rights Law Copyright Copyright Law

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

Kluwer Copyright Blog

JUNE 6, 2022

Therefore, a copy-paste implementation of the provision during the implementation process is simply not an option if no additional guidelines are provided on how the safeguards can be made operational in practice. This means that only obviously unlawful uploads are subject to a preventive filtering obligation for OCSSPs.

Copyright

Copyright Settlement Law Copying

Intellectual Property Pulse

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

Trending Sources

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

The Five Essential Copyright-Related Terms You Need to Know

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

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

Establishment and operation of CMOs in Greece

Protection of Nonfungible Tokens in Indonesia

Does food flavouring constitute a “work”?

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

EU copyright law round up – third trimester of 2022

EU copyright law round up – first trimester of 2022

EU copyright law round up – fourth trimester of 2021

EU copyright law round up – second trimester of 2023

EU copyright law round up – third trimester of 2021

What is the Copyright Status of AI Generated Works?

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

Athens court rules on moral damages in software infringement case

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

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

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Court clarifies process for CMO equitable remuneration

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

CJEU Gives File-Sharer Surveillance & Data Retention a Green Light

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

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