Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December). Stay tuned!

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Copyright Law Copyright Law Reporting 112

IP and Legal Filings

OCTOBER 28, 2022

Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. cross-border transfer of personal data.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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

The IPKat

DECEMBER 2, 2022

Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs. Let us briefly examine how these systems work and then consider how intellectual property law relates to them. The model does not contain any copies of works.

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Copyright Related Rights Intellectual Property Law Intellectual Property 145

The IPKat

DECEMBER 28, 2023

Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below. You can check out the previous nominees and winners here.

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Social Media Intellectual Property Intellectual Property Law Related Rights 57

Velocity of Content

NOVEMBER 25, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC). Ginsburg & R. Dreyfuss eds.,

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Copyright Derivative Work Intellectual Property Copying 52

Kluwer Copyright Blog

NOVEMBER 28, 2022

1) Article L131-4 paragraph 1 of the French Intellectual Property Code (‘IPC’) states the general applicable rule: the assignment by an author ‘ shall comprise a proportional participation by the author in the revenue from sale or exploitation of the work.’. and certain specific rules. To be continued…. by Alexander Puutio. €

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Contracts Intellectual Property Cinema Copying 96

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 97

The IPKat

DECEMBER 15, 2023

January: In Kenya, prospective importers were required from January 1, 2023 to declare particulars of intellectual property rights for goods to be imported into the country. In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament.

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IP Intellectual Property Copyright Music 64

Kashishipr

AUGUST 31, 2022

So, let us now make ourselves familiar with the five essential copyright-related terms that you should be aware of, which, in turn, shall help you take a step towards safeguarding your exclusive rights online. Intellectual Property & Intellectual Property Rights. For more visit: [link].

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Moral Rights Copyright Intellectual Property Licensing 52

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 Licensing Law Copyright 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . This does not require any creativity but simply a de minimis “personal intellectual effort” ( ein Mindestmaß an persönlicher geistiger Leistung ) or a “mere technical effort” ( rein technische Leistung ).

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Copyright Related Rights Artistic Work Public Domain 55

Kluwer Copyright Blog

APRIL 5, 2022

In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State. UK Intellectual Property Office, UK’s future exhaustion of IPR regime.

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Copyright Law Copyright Law Music 58

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right. by Alexander Puutio. € by Edward J.

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Moral Rights Publishing Licensing Copyright 101

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. dishes and seasonings) as works of IP. (1)

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Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

NOVEMBER 1, 2022

Cambodia is a member of the World Intellectual Property Organization (WIPO) since July 1995 and of the Paris Convention for Protection of Industrial Property since September 1998. Trademark and other subjects of industrial property, such as patent, industrial design, utility solution, etc. Introduction. Conclusion.

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Trademark Service Mark Intellectual Property Registration 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. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

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Copyright Ownership Journalism Publishing 105

Kluwer Copyright Blog

DECEMBER 1, 2022

As opposed to Article 15 CDSMD, Article 17 CDSMD does not introduce a new related right to EU copyright law. Instead, it expands the protections already afforded by copyright and related rights law. To the extent that such rights fall outside of the EU acquis such gold-plating is arguably unproblematic.

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Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

NOVEMBER 29, 2022

While “form” is less interesting for the purposes of this analysis, with regard to methods, Member States are presented with two important choices: a) between literal (“copy-out”) transposition and an “elaboration” on the rules set out in the directive; and. Most of the examined Member States have taken a copy-out approach to the exclusion.

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Reporting Marketing Marketing Copyright 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. by Alexander Puutio. €

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Copyright Related Rights Copyright Law Publishing 52

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. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

Selvam & Selvam Blog

SEPTEMBER 7, 2023

The history of the doctrine of well-known trademarks can be traced back to the Paris Convention for the Protection of Industrial Property (hereinafter, “the Paris Convention”) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter, “TRIPs”).

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Trademark Registration Intellectual Property Business 52

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) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

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Reporting Music Related Rights Licensing 52

azrights

AUGUST 11, 2022

If each output is unique and another user gets a different output even if their query is identical to yours, it means someone else could only use the same visual images as you by copying yours. Would they be infringing your copyright though? Is the output infringing copyright?

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Copyright Due Diligence Design Designs 97

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. by Alexander Puutio. € by Edward J.

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Publishing Law Contracts Licensing 55

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. by Alexander Puutio. € by Edward J.

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Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

SEPTEMBER 20, 2023

20 years later, Pelham composed (together with a second defendant), produced and released the hip-hop rap song “Nur mir”, which is underlain by a continuous loop of a two-second rhythmic sequence of metallic drum sounds that had been electronically copied from the “Metall auf Metall” phonogram. 5(5) InfoSoc Directive.

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Art Copyright Law Copyright Music 76

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

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.

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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.

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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. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Edward J.

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Copyright Settlement Law Copying 55

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Intellectual Property Law in China, 2nd edition. 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

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Moral Rights Law Copyright Copyright Law 52