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 52

Copying Law Copyright Law Copyright 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.

Government 141

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.

Related Rights 98

Related Rights Licensing Law 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.

Litigation 143

Litigation Copying Copyright Design 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).

Art 137

Art Copyright Database Right Copying 137

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 ).

Copyright 108

Copyright Related Rights Law Copyright Law 108

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.

Television 145

Television Art Advertising Advertising 145

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.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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”.

Art 102

Art Contracts Publishing Licensing 102

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].

Music 97

Music Copyright Copyright Infringement Moral Rights 97

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.

Art 135

Art Copyright Law Related Rights 135

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.

Reporting 52

Reporting Marketing Marketing Copyright 52

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. .

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

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.

Contracts 98

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.

Reporting 52

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.

IP 64

IP Intellectual Property Copyright Music 64

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.

Reporting 52

Reporting Marketing Marketing Copyright 52

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)

Copying 52

Copying Copyright Law Copyright Editing 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.

Copyright 105

Copyright Ownership Journalism Publishing 105

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.

Copyright 52

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.

Intellectual Property 52

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.

Copyright Law 84

Copyright Law Art Copyright Law 84

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.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

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.

Copyright Law 58

Copyright Law Copyright Law Television 58

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.

Publishing 55

Publishing Law Contracts Licensing 55

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.

Trademark 74

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.

Trademark 52

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.

Music 52

Music Television Copyright Related Rights 52

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.

Publishing 105

Publishing Marketing Marketing Advertising 105

TorrentFreak

APRIL 30, 2024

In his non-binding opinion , CJEU Advocate General Szpunar described Hadopi’s access to personal data corresponding to an IP address as a “serious interference with fundamental rights,” the clearest sign yet that the right to privacy had already taken a blow. ” Pirate Privacy?

Privacy 132

Privacy IP Related Rights Law 132

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.

Copyright 116

Copyright Copying Social Media Law 116

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.

Copyright 55

Copyright Settlement Law Copying 55