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. While “individual words” seems clear, “very short extracts” is more ambiguous.

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Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

NOVEMBER 28, 2022

is not sufficient and therefore is in breach of the law, and in a judgment of 30 November 1999, the same court ruled that a clause providing for 0% for the first 1,000 copies sold, 7% for the next 2,000 copies and 10% beyond 3,000 copies sold, was null. and certain specific rules. and certain specific rules.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

TorrentFreak

DECEMBER 16, 2022

This means that the domain names of all websites blocked by LRTK decisions and their copies will not be published on the Google search platform. In this case, however, presenting court orders isn’t an issue.

Publishing 98

Publishing Television Government Copyright 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 106

Copyright Related Rights Law Copyright Law 106

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs).

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

DECEMBER 18, 2022

Unlike economic rights, that safeguard the economic interests of copyright holders, moral rights are a specific legal instrument that allow certain creators to control the treatment of their works and their presentation to others. 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

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

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Copyright Law Art Copyright Law 83

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) ). As such, a proper evaluation of the options is not possible, and any changes could have unintended consequences.

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Copyright Art Fair Use Registration 145

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 such situations, the connection owner only bears a secondary burden of presentation and proof.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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. Law 4481/2017 Article 6 of Law 4481/2017 states: 1.

Music 52

Music Related Rights Law Contracts 52

Selvam & Selvam Blog

SEPTEMBER 7, 2023

The present case of N.R. Copy of the Judgement wherein the trademark has been determined as well- known by any Court in India or Registrar of Trademarks. Fortunately for Whirlpool Corp., it was noted by the Court that their trademark ‘WHIRLPOOL’ was a well-known trademark, and therefore, an injunction was granted in their favour.

Trademark 52

Trademark Registration Intellectual Property Business 52

Kluwer Copyright Blog

MAY 30, 2022

Since its introduction in preparatory works, the new related right has attracted strong criticism and triggered one of the most intense debates surrounding the legislative process that led to the adoption of the CDSM Directive. Yet, its final version still presents problematic traits.

Publishing 55

Publishing Law Contracts Licensing 55

Kluwer Copyright Blog

OCTOBER 7, 2021

The Stichting Brein preliminary reference related to the liability of an operator of a platform for Usenet services for communication to the public, while the Puls 4 TV reference concerned the application of the hosting safe harbour to online video platforms. Austro-Mechana, AG Hogan, C-433/20.

Copyright Law 58

Copyright Law Copyright Law Television 58

Kluwer Copyright Blog

MAY 30, 2022

Since its introduction in preparatory works, the new related right has attracted strong criticism and triggered one of the most intense debates surrounding the legislative process that led to the adoption of the CDSM Directive. Yet, its final version still presents problematic traits.

Publishing 52

Publishing Law Contracts Licensing 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.

Music 52

Music Television Copyright Related Rights 52

The IPKat

SEPTEMBER 15, 2024

The Supreme Court considered that, in the present case, the defendant’s work did not merely take inspiration from the book cover, but actually reproduced protected elements thereof. In the present case, such a justification was deemed not to subsist.

Copyright 114

Copyright Copying Social Media Law 114

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? [S]uch

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Privacy IP Related Rights Law 104