Copying, Reference and Related Rights - Intellectual Property Pulse

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

The IPKat

SEPTEMBER 26, 2021

Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services? In Austro-Mechana , the question is once again one of private copying in the cloud.

Copying

Copying Copyright Law Related Rights

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. In the second case, the referred questions (freely translated and shortened from the German original) are the following: 1. 2(a) and (e) and Art.

Television

Television Art Advertising Advertising

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

JULY 15, 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 (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying

Copying Copyright Law Copyright Social Media

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

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

Copying Law Copyright Law Copyright

Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

Kluwer Copyright Blog

SEPTEMBER 2, 2024

Belgium and Croatia , like France and Hungary before them, offer no explicit protection for the holders of related rights over subject matter incorporated in press publications. The Czech Republic and Croatia provide no protection from the press publishers’ right for works or other subject matter for which protection has expired.

Reporting

Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

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.

Copying

Copying Law Copyright Publishing

EU copyright law round up – third trimester of 2022

Kluwer Copyright Blog

OCTOBER 3, 2022

This is a preliminary reference from the Portuguese Supereme Court, which interprets the notion of “cable restransimission”. You can read the previous round-ups here. CJEU judgments and AG Opinions. RTL Television, Court of Justice, C-716/20. On 8 September 2022, the CJEU issued its judgment in RTL Television.

Copyright Law

Copyright Law Copyright Law Music

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

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.

Reporting

Reporting Marketing Marketing Copyright

UK Government axes plans to broaden existing text and data mining exception

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.

Government

Government Related Rights Copyright Law

Establishment and operation of CMOs in Greece

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.

Related Rights

Related Rights Licensing Law Copyright

EU copyright law round up – first trimester of 2022

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. CJEU judgments and AG Opinions. Austro-Mechana, C-433/20.

Copyright Law

Copyright Law Copyright Law Music

Athens court rules on moral damages in software infringement case

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

Copying Copyright Law Copyright Editing

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

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. The implementation of the CDSM into French law.

Contracts

Contracts Intellectual Property Cinema Copying

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

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.

Reporting

Reporting Marketing Marketing Copyright

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

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 moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral).

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

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].

Music

Music Copyright Copyright Infringement Moral Rights

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

EU copyright law round up – fourth trimester of 2021

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

Copyright Law Copyright Law Reporting

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

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. In this post, I will summarize the content of my intervention, which concluded and recommended – along the lines of what I wrote here – a minimalistic approach to the transpositions of Article 17.

Art

Art Copyright Law Related Rights

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

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.

Copyright Law

Copyright Law Art Copyright Law

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

JANUARY 18, 2023

The reference in Section 60b(2) UrhG has been updated accordingly. 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.

Copyright

The Five Essential Copyright-Related Terms You Need to Know

Kashishipr

AUGUST 31, 2022

When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs). Do you think about the fight between musicians concerning stolen or copied song lyrics? It involves their exclusive right to control and make copies of their creative works.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

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. By judgment of 8 April 2019, the UCMR – ADA’s action was upheld.

Music

Music Television Copyright Related Rights

EU copyright law round up – third trimester of 2021

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. Coming soon and latest referrals.

Copyright Law

Copyright Law Copyright Law Television

Kluwer Copyright Blog

JUNE 29, 2023

As readers know, many Member States missed the deadline, so in February 2023 the Commission referred 11 of them to the CJEU for failure to fully transpose the Directive. 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.

Copyright Law

Copyright Law Law Copyright Publishing

Court clarifies process for CMO equitable remuneration

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

Music Related Rights Law Contracts

What is the Copyright Status of AI Generated Works?

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? Copyright position.

Copyright

Copyright Due Diligence Designs Design

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

Kluwer Copyright Blog

SEPTEMBER 20, 2023

But on 14 September 2023, the case was not only back at the BGH, but also referred to the Court of Justice of the EU (CJEU) – again. Assigned the case for the third time, the BGH then referred to the CJEU for a preliminary ruling on the interpretation of the relevant EU law ( BGH, 1.6.2017 – I ZR 115/16 ; commented here ).

Art

Art Copyright Law Copyright Music

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

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

Publishing Law Contracts Licensing

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

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

Publishing Law Contracts Licensing

Austrian Supreme Court tackles right of reproduction, three-step test, and parody defence in Robber Hotzenplotz copyright case

The IPKat

SEPTEMBER 15, 2024

Notably, the Supreme Court referred to the requirement that exceptions to copyright be (i) strictly interpreted and (ii) construed in light of the three-step test (Article 5(5) InfoSoc Directive). In so doing, the Austrian Supreme Court also dismissed the request that the case be referred to the CJEU.

Copyright

Copyright Copying Social Media Law

CJEU Gives File-Sharer Surveillance & Data Retention a Green Light

TorrentFreak

APRIL 30, 2024

The Council of State referred the matter to the Constitutional Council, which in turn referred questions to the Court of Justice of the European Union (CJEU) for interpretation under EU law. EU member states may not pass national laws that allow for the general and indiscriminate retention of traffic and location data.

Privacy

Privacy IP Related Rights Law

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

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 means that only obviously unlawful uploads are subject to a preventive filtering obligation for OCSSPs.

Copyright

Copyright Settlement Law Copying

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

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. Germany has always had an extensive judicial practice in copyright law.

Moral Rights

Moral Rights Law Copyright Copyright Law

Intellectual Property Pulse

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

Trending Sources

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

EU copyright law round up – third trimester of 2022

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

UK Government axes plans to broaden existing text and data mining exception

Establishment and operation of CMOs in Greece

EU copyright law round up – first trimester of 2022

Athens court rules on moral damages in software infringement case

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Does food flavouring constitute a “work”?

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

EU copyright law round up – fourth trimester of 2021

Protection of Nonfungible Tokens in Indonesia

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

The Five Essential Copyright-Related Terms You Need to Know

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

EU copyright law round up – third trimester of 2021

EU copyright law round up – second trimester of 2023

Court clarifies process for CMO equitable remuneration

What is the Copyright Status of AI Generated Works?

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Austrian Supreme Court tackles right of reproduction, three-step test, and parody defence in Robber Hotzenplotz copyright case

CJEU Gives File-Sharer Surveillance & Data Retention a Green Light

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Stay Connected