Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. 3, second sentence UrhG.

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Related Rights Law Copyright Copying 52

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

Kluwer Copyright Blog

SEPTEMBER 2, 2024

The objective was to assess the national implementations of the two articles for compliance with the internal market objective of the CDSMD and with the EU’s law of fundamental rights. In Portugal , users must be exercising their right to be informed and have lawful access to be protected.

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Reporting Related Rights Publishing Copyright 127

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

TorrentFreak

APRIL 22, 2024

While a copy of the verdict is not immediately available, a release shared by rightsholders attributed the following quote to the Hanoi court Judge. It is the result of a strong partnership between the Vietnamese authorities and local law enforcement, ACE and the Premier League,” says Kevin Plumb, Premier League’s General Counsel.

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Branding Brands Branding Related Rights 123

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.

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Government Related Rights Copyright Law 141

TorrentFreak

JANUARY 10, 2024

No value was placed on deposits but its claimed that Tuan generated profits of 80 to 100 million VND per month (US$3,300 to US$4,100) to an estimated total of 3 billion VND (US$123,000) The authorities are being especially clear on the alleged offenses and which laws apply.

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Advertising Advertising Reporting Copying 116

The IPKat

DECEMBER 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.

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Social Media Intellectual Property Intellectual Property Law Related Rights 120

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 Designs 143

The IPKat

DECEMBER 2, 2022

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. 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.

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Copyright Related Rights Intellectual Property Law Intellectual Property 145

TorrentFreak

DECEMBER 13, 2021

Of the total domains affected by the deletions, around 20% of the domains were found to carry more than 100 links to unlicensed copies of movies and TV shows. While all signatories to the current memorandum support the proposals of the working group, there is also a desire to have the voluntary agreement written into law.

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Related Rights Copying Copyright Government 145

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.

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Copyright Law Copyright Law Music 58

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis. Emphasis added.).

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Related Rights Licensing Law Copyright 98

The IPKat

SEPTEMBER 19, 2022

It is worth noting that, as of today and despite the deadline of 7 June 2021, 8 Member States (Bulgaria, Greece, Cyprus, Latvia, Portugal, Slovenia, Finland, and Sweden) have yet to adopt measures to transpose the DSM Directive into their own laws.

Art 135

Art Copyright Law Related Rights 135

The IPKat

DECEMBER 15, 2022

Unlike Botswana (see November, below), there is no official copy of the draft policy available online. Thanks to some Katfriends though, this Kat was privileged able to see a copy of the draft policy before the validation exercise. November: Botswana launched its first ever National Intellectual Property Policy (BIPP).

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IP Patent Intellectual Property Government 134

The IPKat

JULY 20, 2023

What those references have in common is that both were made in the field of broadcasting and concern issues of private copying under Article 5(2)(b) of the InfoSoc Directive. In this specific case, the question is whether broadcasters are entitled to fair compensation for private copying of fixations of their broadcasts.

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Copying Law Copyright Publishing 40

The IPKat

OCTOBER 6, 2024

3 of the DSM Directive into its own law. 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)

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Art Copyright Database Right Copying 137

The IPKat

AUGUST 1, 2021

However, the court was of the view that the case law lacks sufficient clarity to enable it to answer the questions without referral to the CJEU. The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. 2(a) and (e) and Art. 2(a) and (e) and Art.

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Television Art Advertising Advertising 145

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

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Non-Fungible Tokens IP Ownership Contracts 98

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 96

Contracts Intellectual Property Cinema Copying 96

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 58

Copyright Law Law Copyright Publishing 58

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 will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

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Copyright Art Fair Use Registration 145

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. Laws concerning reproduction for personal use do not apply to musical works.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

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

Kluwer Copyright Blog

JUNE 27, 2023

The approved Decree-Law 47/2023 to a large extent corresponds to a legislative project ( Project 52/XV ), which, in turn, was a variation of a previous project ( Project 114/XIV ) that failed due to a political crisis that led to early elections in the country. Worth noting is that the implementation of Art. However, Art.

Art 101

Art Contracts Publishing Licensing 101

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. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. Photo by Markus Spiske on Unsplash. Stay tuned!

Copyright Law 58

Copyright Law Copyright Law Television 58

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.,

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall within the scope of protection.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

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.

Social Media 57

Social Media Intellectual Property Intellectual Property Law Related Rights 57

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

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. Whether relief can be provided by the law of fundamental rights is currently unclear.

Copyright 104

Copyright Ownership Journalism Publishing 104

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

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. Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s. Would they be infringing your copyright though?

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Copyright Due Diligence Design Designs 97

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. Internet Law: A Concise Guide to Regulation Around the World.

Moral Rights 101

Moral Rights Publishing Licensing Copyright 101

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. Article 15 CDSMD: the new press publishers’ right (PPR).

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Reporting Marketing Marketing Copyright 52

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. The hosting safe harbour will provide additional refuge.

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Reporting Marketing Marketing Copyright 52