LexBlog IP

JUNE 28, 2023

The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. Such usage aims to provide to the rights holder the possibility of receiving remuneration corresponding to the economic value of the copy in question. (4) 2916/2022. (2)

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Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

JUNE 29, 2023

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. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265 Stay tuned!

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Copyright Law Law Copyright Publishing 64

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. Intellectual Property Law in China, 2nd edition. This English language article has been published in full already in “Auteurs & Media” 2021/1, page 33 et seq. More from our authors: Law of Raw Data.

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Related Rights Law Copyright Copying 52

Kluwer Copyright Blog

SEPTEMBER 2, 2024

The objective was to assess the national implementations of the two articles for compliance with the internal market objective of the CDSMD and with the EU’s law of fundamental rights. In December 2023, this study was e xpanded to cover a further 14 countries. This post considers the insights provided by the completion of the study.

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Reporting Related Rights Publishing Copyright 133

Kluwer Copyright Blog

FEBRUARY 19, 2025

Similarly, Lithuanias Council of Copyright and Related Rights has five representatives of each of rightsholder and user groups, as well as five officials. There are also two representatives of consumer organisations.

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Copyright Copyright Law Blogging Law 59

Kluwer Copyright Blog

NOVEMBER 24, 2021

The BGH reasoned that a claim for non-material damages was weakened by the fact that there were doubts as to whether the relevant public in that case even attributed the edited images to the author at all. The BGH assumed that an infringement of the related right of the film producer had occurred. by Christopher Heath. €

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The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

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Intellectual Property Intellectual Property Law IP Registration 84

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”.

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LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., 5) Supreme Court 484/2020. (6)

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LexBlog IP

OCTOBER 13, 2021

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. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

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Related Rights Law Licensing Copyright 98

Kluwer Copyright Blog

DECEMBER 17, 2024

Jurisdiction According to the EU AI Act and its Recital 106 providers of general-purpose AI models should put in place a policy to comply with Union law on copyright and related rights.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

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Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

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Licensing Related Rights Publishing Law 98

Kluwer Copyright Blog

JULY 11, 2024

Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. While it is art.

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Publishing Art Journalism Copyright 81

Kluwer Copyright Blog

MARCH 21, 2023

In the meantime, it continues to be crucial to find a solution that addresses the challenge of digitising and disseminating cultural heritage items the copyright of which cannot be cleared, and in fact, the adoption of the Copyright in the Digital Single Market (2019/790/EU) Directive (CDSM Directive) offers some light at the end of the tunnel.

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Copyright Marketing Marketing Licensing 105

Kluwer Copyright Blog

DECEMBER 12, 2022

Under the new rules of the 2019 Directive on Copyright in the Digital Single Market, which have been recently implemented in most EU Member States, authors that license or assign their rights “for the exploitation of their works” are entitled to receive appropriate and proportionate remuneration, [8] a except where they have granted OA licences.

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Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

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Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

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Copying Copyright Law Copyright Social Media 105

The IPKat

SEPTEMBER 4, 2024

Book Review Katfriend Maciej Padamczyk (Herchel Smith Doctoral Researcher, Research Associate QMIPRI) reviewed Research Handbook on Intellectual Property Rights and Inclusivity , edited by Cristiana Sappa. It has 24 chapters focusing on the relationship between IP rights and inclusivity. 3(1)(g) TMD2 to the CJEU.

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Personality Rights IP Copyright Art 58

Kluwer Copyright Blog

FEBRUARY 4, 2025

The UWG is part of competition law and serves to protect market participants from unfair business practices. As sanctions, the UWG provides a right to prohibitory injunctive relief or removal in Section8 and a right to compensation in Section 9.

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Kluwer Copyright Blog

JUNE 13, 2024

These overall aims also include the protection of copyright and related rights. 85 AI Act only sets out a “right to lodge a complaint with a market surveillance authority”, and recital 170 AI Act suggests that this right exhausts the available remedies available to private parties. 34 and 35 DSA).

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Copyright Art Copyright Law Copyright Infringement 83

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

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Copyright Law Editing Related Rights 72

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

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Publishing Related Rights Intellectual Property Law Public Domain 52

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) This article was originally edited by, and first published on, www.lexology.com.

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Reporting Music Related Rights Licensing 52

Kluwer Copyright Blog

FEBRUARY 9, 2022

Member States, of course, have their own tradition with collective management (as amply demonstrated in the rich 2021 Study on emerging issues on collective licensing practices ), which they have adopted as a mandatory tool for exercising the rights of authors and other right holders in a wide variety of situations (as acknowledged under rec.

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Kluwer Copyright Blog

MARCH 30, 2022

At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive.

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Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

NOVEMBER 11, 2021

Intellectual Property Law in China, 2nd edition. This is not the only surprise that came with the Spanish implementation, but is certainly one that needs a careful consideration as to its compatibility with the CDSMD. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €

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Art Law Intellectual Property Intellectual Property Law 121

Kluwer Copyright Blog

OCTOBER 23, 2024

An embargo period could also be justified with regard to publication products that require more substantial publisher investment, such as edited conference proceedings, commentaries, and the like. However, to allow publishers to recoup investments in journal publication, a short (e.g.,

Publishing 81

Publishing Journalism Copyright Editing 81

Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

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Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

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Music Copyright Related Rights Ownership 59

Kluwer Copyright Blog

MARCH 8, 2023

2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.

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Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

FEBRUARY 12, 2023

The reason is that, as noted below, the Directive provides that IMEs can be in charge of the collective management of copyright and related rights and that, inter alia , “ right holders should be free to entrust the management of their rights to independent management entities.”

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Copyright Law Marketing Marketing 72

Kluwer Copyright Blog

APRIL 5, 2022

This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The report states that the global recorded music market grew with 18.5% Stay tuned!

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Copyright Law Copyright Law Music 64

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

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Copyright Intellectual Property Copyright Law Law 64

Kluwer Copyright Blog

FEBRUARY 3, 2025

Article 53(1)(c) AI Act specifically requires providers to put in place a policy to comply with Union law on copyright and related rights, and to identify and comply with, including through state-of-the-art technologies, a reservation of rights expressed pursuant to Article 4(3) of Directive (EU) 2019/790 (DSM Directive).

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Copyright Copyright Law Art Law 52

Kluwer Copyright Blog

DECEMBER 16, 2024

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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