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It had to adopt a nuanced approach of not abandoning the principles of balance it had long espoused and at the same time support efforts to strengthen protection in the digital medium in a manner that would not constrict its choices as digital technologies and markets evolve. H/T Dr. T.G. Agitha for sharing news about the publication.
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 relatedrights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.
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. Differently again, Italy has adopted a “threefold system” for the protection of photographs.
As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Image source: iStock]. Conclusion.
Copyright councils exist in many countries within Europe, typically serving as a space for ongoing discussion around emerging issues, as well as acting as a source of semi-official opinions on legislative proposals or other documents. They sometimes exist independently or may sit within a wider intellectual property council.
Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. A third alternative: the relatedrights approach.
However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any relatedrights were retained and not granted upon purchase. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.
Photo by Chris Spiegl on Unsplash The EU laws on digital services ( Digital Services Act – DSA ) and artificial intelligence (AI Act, cited here according to EP document P9_TA(2024)0138 of 13 March 2024) are intended to ensure safety and trustworthiness on the Internet and in dealing with AI. 34 and 35 DSA).
That call concerned patents, copyright and relatedrights, designs, trade marks and trade secrets. Reading the consultation documents, and more specifically the impact assessment , one is often left with the impression that according to the UKIPO, the main (and perhaps only) rationale for protecting IP is incentivising investment.
While the Irish Copyright and RelatedRights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.
The main role of the incumbent is to provide assistance to Member States in drafting and updating their national legislation and adhering to and implementing the WIPO copyright and relatedrights treaties, and to conduct legal research and draft legal documentsrelated to legislative assistance and treaty adherence and implementation.
In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. Even the foregoing unanswered questions assume the content is in the control of the rights owner.
This leads to the question – Is it essential for businesses targeting the Indian market to register their trademark as a well-known trademark? The application must be submitted along with the following documents: Statement of case describing the applicant’s right on the trademark and supporting their claim that their trademark is well-known.
We suggest that as a first step, the Commission should publicly identify data sources, protocols and standards that allow authors and rightholders to express a machine-readable rights reservation in accordance with Article 4(3) CDSM, that are freely available and whose functionality is publicly documented.
The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. because there is no public access regime that applies, or because third parties own intellectual property rights.
The German Legislative Draft Documents also suggest that every form of derivative artistic creation, like remixes or mashups, shall fall within the scope of Section 51a UrhG (GERMAN BUNDESTAG Printed Paper 19/27426, p. The new relatedright for press publishers (Sections 87 et seqq.
This is only not the case if the internet platform provides third parties the possibility of issuing offers and the operator of the internet market place does not present itself as the seller (and is thus the hosting provider). d) Liability of managing directors ( Geschäftsführer ).
While sports events, as such, are not protected by copyright and relatedrights, the origanisers of these events may benefit from specific protection under national law. The document is available on the institution’s internal system.
17 CDSM Directive 2019/790 on copyright and relatedrights in the Digital Single Market (CDSMD) : According to the Grand Chamber of the CJEU, the provision imposes a de facto obligation on service providers to use automatic content recognition tools in order to prevent copyright infringements by users of the platform.
Opt-out reservations as a licensing mechanism Based on existing rules, it is possible to use the opt-out model of Article 4 of the Copyright in the Digital Single Market (DSM) Directive as a starting point for constructing a scheme for the compensation of creators. The document (see pp.
Article 3(63) of the AI Act defines a GPAI model as an AI model which displays significant generality and is capable of competently performing a wide range of distinct tasks regardless of the way the model is placed on the market and that can be integrated into a variety of downstream systems or applications .
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