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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].
When you enforce your copyright, you enforce your copyright-relatedrights, which fall under Intellectual Property Rights (IPRs). Do you think about the fight between musicians concerning stolen or copied song lyrics? The concept of copyright is twofold since it covers both economic and moralrights.
Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and RelatedRights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and relatedrights as a basis.
Furthermore, it introduces an accompanying new moralright of attribution for the first source of the ‘news of the day’. Works of authorship are protected through economic and moralrights afforded to the copyright holder. Nevertheless, a more precise characterisation is that this is a new relatedright.
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 relatedright of the film producer had occurred.
Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Articles 4(1) and (3) concern the individual powers of the author on moralrights and article 12(2) concerns the transfer of intellectual rights (property and moral).
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 relatedright under Section 72 of the UrhG. Simple photographs. .
This first part covers the definition of a work, authorship and moralrights. Parts 2 to 4 will address exploitation rights, relatedrights, exceptions and limitations, copyright contract law and enforcement. Moralrights (Sections 12-14 UrhG).
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