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.

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Copying Law Copyright Law Copyright 52

Velocity of Content

JANUARY 7, 2025

See Daniel Gervais, Collective Management of Copyright and Related Rights Ch. See e.g., Dave Shumaker , A Work in Progress: CCC and Artificial Intelligence , Information Today (Apr. in the United States and Reprographic Rights Organizations (RROs) around the world. Pallante Register of Copy. 21, 2022), [link].

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Copyright Licensing Fair Use Journalism 52

The IPKat

FEBRUARY 3, 2023

While TDM may be performed in different ways, the key value of predictive TDM processes thus lies in facilitating the treatment, recombination, and extraction of further knowledge from large amounts of data and text, allowing the identification of patterns and associations between seemingly unrelated pieces of information.

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Government Related Rights Copyright Law 141

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.

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Related Rights Law Licensing Copyright 98

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

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Litigation Copying Copyright Designs 143

The IPKat

OCTOBER 6, 2024

By creating a dataset and making it available to the public, LAION performed a (1) potential new act of reproduction (by uploading copies of protected content on the dataset) and (2) an act of communication/making available to the public (by making the dataset publicly accessible on the internet). (1) 3 or 4 of the DSM Directive).

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The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically. see here ).

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Copyright Related Rights Law Copyright Law 110

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

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The IPKat

AUGUST 1, 2021

2(a) and (e) and Art. 3(1) of the InfoSoc Directive, in connection with Art. 2(a) and (e) and Art. 3(1) of the InfoSoc Directive, in connection with Art.

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Television Art Advertising Advertising 145

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”.

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Art Contracts Publishing Licensing 105

IP and Legal Filings

OCTOBER 28, 2022

11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Government Regulation No. MOCI Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. Image Source: Shutterstock].

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Music Copyright Copyright Infringement Moral Rights 98

The IPKat

SEPTEMBER 15, 2024

To sum up: consistent with Infopaq and its progeny [IPKat here ] , there is reproduction in part when the part of a work that has been copied is original in the sense that it is its author’s own intellectual creation. Again, as discussed in greater detail elsewhere , this approach appears appropriate.

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Copyright Copying Social Media Law 117

The IPKat

SEPTEMBER 19, 2022

In other words: a copy-and-paste transposition of Article 17 is to be preferred to too a creative approach. In this post, I will summarize the content of my intervention, which concluded and recommended – along the lines of what I wrote here – a minimalistic approach to the transpositions of Article 17.

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Art Copyright Law Related Rights 136

Kluwer Copyright Blog

DECEMBER 20, 2022

However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific related right under Section 72 of the UrhG. Simple photographs. .

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Copyright Related Rights Artistic Work Public Domain 59

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. The Directive offers little interpretative guidance.

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Kluwer Copyright Blog

NOVEMBER 24, 2021

In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. In addition, claims for information are provided for at various points in the UrhG. Claim for information.

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Contracts Copyright Law Cease and Desist 98

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) This is logically not possible if the works used are not controlled or managed by the CMO requesting information.

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Reporting Music Related Rights Licensing 52

The IPKat

DECEMBER 15, 2023

To change the status quo, the Ministry of Information, Communication and Technology collaborated with the Tanzania Communications Regulatory Authority (TCRA) to support innovation and entrepreneurship by launching several initiatives that are aimed at providing funding and technical assistance to local start-ups.

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IP Intellectual Property Copyright Music 65

Kluwer Copyright Blog

DECEMBER 1, 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.

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Reporting Marketing Marketing Copyright 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. Image by Mediamodifier from Pixabay.

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Copyright Ownership Journalism Publishing 111

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

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Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

JANUARY 18, 2023

Specifically, this means that acts of reproduction for the purposes of preserving copies of works within the scope of Sections 60e, 60f, 60h UrhG may, from now on, also be made by commercial organisations in the field of cultural heritage. The new related right for press publishers (Sections 87 et seqq.

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Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., Applicable legal provisions The relevant law in this case was Law 2121/1993.

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Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

OCTOBER 4, 2023

The parody, pastiche, and caricature exception, enshrined in Article 5(3)(k) of the Information Society Directive ( InfoSoc ), represents an optional provision for EU member states to incorporate into their domestic legislation. Similarly, modern interpretations suggest that pastiche can also incorporate elements of critique.

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Copyright Law Art Copyright Law 88

Kluwer Copyright Blog

OCTOBER 7, 2021

17 is in principle compatible with the freedom of expression and information guaranteed in Art. 11 of the Charter of Fundamental Rights of the European Union. improve authoritative and updated information on right holders, terms and conditions and licensing opportunities). AG Saugmandsgaard Øe suggests that Art.

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Copyright Law Copyright Law Television 64

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

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Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

NOVEMBER 8, 2023

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.

Music 52

Music Related Rights Law Contracts 52

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.

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Publishing Law Contracts Licensing 59

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. The CJEU clarifies that the platforms cannot be required to provide an independent assessment of this information.

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Copyright Settlement Law Copying 59

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

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Trademark IP Registering Trademarks Branding 74

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.

Publishing 52

Publishing Law Contracts Licensing 52

Selvam & Selvam Blog

SEPTEMBER 7, 2023

Statement of case should include details of successful enforcement of the trademark-related Evidence supporting the applicant’s rights and Details of successful enforcement of the trademark-related rights – specifically to the extent that it has been recognized as a well-known trademark by a Court in India or Registrar of Trademarks.

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Trademark Registration Intellectual Property Business 52

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. 2) Does Article 3 of Directive 2001/29/EC.

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Music Television Copyright Related Rights 52

TorrentFreak

MARCH 20, 2025

Mostly intermittent action continued until 2021 when EDPPI (the Committee for the Notification of Copyright and Related Rights Infringement on the Internet) was handed responsibility for tackling illicit broadcasts of live sporting events. For scale, a 256GB thumb drive can hold around 83,333 320kbps MP3 files.

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Law Television Reporting Copying 102

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.

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Marketing Marketing Copyright Related Rights 52

Kluwer Copyright Blog

MARCH 28, 2025

The systemic argument is also noteworthy: since some countries, such as Poland, have adopted ECL for the related right of press publishers , the rationale for such a system for TDM seems at least as adequate. This would allow the use of the right to train for a fee (“permitted-but-paid”). The document (see pp.

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Licensing Copyright Related Rights Copying 59