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 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

DECEMBER 18, 2022

Favouring the press publishers. 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.

Moral Rights 101

Moral Rights Publishing Licensing Copyright 101

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. The report states that the global recorded music market grew with 18.5%

Copyright Law 57

Copyright Law Copyright Law Music 57

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).

Copyright Law 110

Copyright Law Copyright Law Reporting 110

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The law is silent regarding the possibility of transferring and waiving this right, which suggests such possibilities to be lawful. Museu do Azulejo by G.P.

Art 101

Art Contracts Publishing Licensing 101

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . The threshold to meet these requirements is similar to the traditional common law «skill, labour and judgement» test, and is often met whenever the photograph was not copied and shows a modicum of technical skill.

Copyright 54

Copyright Related Rights Artistic Work Public Domain 54

Kluwer Copyright Blog

JANUARY 18, 2023

Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. However, the making of copies for the purposes of cataloguing, indexing or making available remains reserved, even after the reform has come into force, for non-commercial organisations.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM. and certain specific rules.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

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

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

OCTOBER 13, 2021

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. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

Related Rights 98

Related Rights Licensing Law Copyright 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 article was originally edited by, and first published on, www.lexology.com.

Reporting 52

Reporting Music Related Rights Licensing 52

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Image source: iStock]. Conclusion.

Non-Fungible Tokens 87

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 87

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., 5) Supreme Court 484/2020. (6)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

JUNE 29, 2023

While sports events, as such, are not protected by copyright and related rights, the origanisers of these events may benefit from specific protection under national law. The next step in the legislative process are the trilogue meetings between the Commission, the European Parliament and the Council to agree on a final text.

Copyright Law 57

Copyright Law Law Copyright Publishing 57

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. One such example relates to the blocking of content pending the resolution of a complaint.

Art 135

Art Copyright Law Related Rights 135

Selvam & Selvam Blog

SEPTEMBER 7, 2023

This leads to the question – Is it essential for businesses targeting the Indian market to register their trademark as a well-known trademark? Copy of the Judgement wherein the trademark has been determined as well- known by any Court in India or Registrar of Trademarks. Additionally, they can send supporting documents, if any.

Trademark 52

Trademark Registration Intellectual Property Business 52

Kluwer Copyright Blog

OCTOBER 7, 2021

This eagerly awaited AG Opinion was published on 15 July 2021. 11 of the Charter of Fundamental Rights of the European Union. This seems to have pushed some EU Member States towards compliance, as at the end of September Portugal became the latest country to publish a national transposition proposal for the Directive.

Copyright Law 57

Copyright Law Copyright Law Television 57

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. Right of remuneration (Sections 32 et seqq. In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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 article was first published on The Digital Constitutionist and is reposted here with the kind permission of the authors.

Copyright 54

Copyright Settlement Law Copying 54