Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible.

Related Rights 52

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

The IPKat

DECEMBER 1, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP).

Social Media 122

Social Media Intellectual Property Intellectual Property Law Related Rights 122

Kluwer Copyright Blog

OCTOBER 3, 2022

On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite.

Copyright Law 119

Copyright Law Copyright Law Music 119

TorrentFreak

JANUARY 10, 2024

The confirmed prosecution will be for “Infringement of copyright and related rights” under Article 225 of the Penal Code; when a person (without the permission of the copyright holder) intentionally copies a copyrighted work and/or distributes copies of the work to the public, that person can be criminally prosecuted.

Advertising 120

Advertising Advertising Reporting Copying 120

Velocity of Content

JANUARY 7, 2025

See Daniel Gervais, Collective Management of Copyright and Related Rights Ch. in the United States and Reprographic Rights Organizations (RROs) around the world. Pallante Register of Copy. See supra Part IV [ read full article here ]. See supra note 56, at 231-56 [ read full article here ]. For a list, see ifrro.org.

Copyright 52

Copyright Licensing Fair Use Journalism 52

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. The defendant reportedly pleaded guilty to his role in the BestBuyIPTV operation.

Branding 125

Branding Brands Branding Related Rights 125

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. For context, over the three years that the memorandum has been in action, more than 31 million links to pirated content have been carried out using the automated takedown system.

Related Rights 145

Related Rights Copying Copyright Government 145

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

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 141

Government Related Rights Copyright Law 141

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 121

Copyright Law Law Copyright Reporting 121

The IPKat

DECEMBER 2, 2022

The model does not contain any copies of works. In the interim, at least, related rights, trade secrets, or protection against unfair competition, might provide some helpful alternatives. [A Related rights will only apply to video or audio, and, in any event, they are not universally recognized around the world.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

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 98

Related Rights Licensing Law Copyright 98

The IPKat

AUGUST 1, 2021

2(a) and (e) and Art. 3(1) of the InfoSoc Directive, in connection with Art.

Television 145

Television Art Advertising Advertising 145

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 40

Copying Law Copyright Publishing 40

The IPKat

OCTOBER 6, 2024

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) 3 or 4 of the DSM Directive).

Art 137

Art Copyright Database Right Copying 137

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 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

SEPTEMBER 15, 2024

To sum up: consistent with Infopaq and its progeny [IPKat here ] , there is reproduction in part when the part of a work that has been copied is original in the sense that it is its author’s own intellectual creation.

Copyright 117

Copyright Copying Social Media Law 117

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 110

Copyright Related Rights Law Copyright Law 110

Kluwer Copyright Blog

DECEMBER 20, 2022

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 related right under Section 72 of the UrhG. Simple photographs. .

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

IP and Legal Filings

OCTOBER 28, 2022

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. Conclusion.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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.

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.

Publishing 109

Publishing Television Government Copyright 109

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 64

Copyright Law Copyright Law Music 64

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Critics of press publisher right argue that copyright is awarded to incentivize creativity by rewarding exclusivity.

Publishing 104

Publishing Marketing Marketing Advertising 104

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 136

Art Copyright Law Related Rights 136

The IPKat

DECEMBER 28, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP). You can check out the previous nominees and winners here.

Social Media 59

Social Media Intellectual Property Intellectual Property Law Related Rights 59

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art 105

Art Contracts Publishing Licensing 105

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 were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Registration Fair Use 145

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 52

Reporting Marketing Marketing Copyright 52

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.

Moral Rights 105

Moral Rights Publishing Licensing Copyright 105

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 52

Reporting Marketing Marketing Copyright 52

The IPKat

DECEMBER 15, 2023

This levy is a fee applied to items capable of carrying copyright-protected content for personal copying and is payable at the point of entry or initial local manufacture. In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament.

IP 65

IP Intellectual Property Copyright Music 65

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

JANUARY 18, 2023

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. The new related right for press publishers (Sections 87 et seqq.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

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. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., Applicable legal provisions The relevant law in this case was Law 2121/1993.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

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 52

Moral Rights Copyright Intellectual Property Licensing 52