Editing, Marketing and Related Rights - Intellectual Property Pulse

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

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.

Reporting

Saturday Sundries

The IPKat

JANUARY 18, 2025

related rights, performers rights), trade marks (incl., geographical indications), designs, best foreign language/non-English IP book and IP in general (books covering diverse IP rights). The deadline for submissions to the IPKat Book of the Year awards is 31 January 2025. The deadline for submissions is 26 January 2025.

Intellectual Property

Intellectual Property IP Music Reporting

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

FEBRUARY 7, 2024

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. This article originally appeared in The Scholarly Kitchen and is republished with permission.

Editing

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

JANUARY 12, 2022

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. Watal and A.

Intellectual Property

Intellectual Property Publishing Copyright Technology

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

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.

Related Rights

Related Rights Law Copyright Copying

Member States referred to the CJEU for failure to transpose copyright directives into national law

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).

Copyright

Copyright Law Editing Related Rights

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

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.

Copyright

Copyright Publishing Journalism Art

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

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. €

Art

Art Law Intellectual Property Intellectual Property Law

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

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

Licensing

Licensing Related Rights Publishing Law

Establishment and operation of CMOs in Greece

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.

Related Rights

Related Rights Law Licensing Copyright

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). Stay tuned!

Copyright Law

Copyright Law Law Copyright Reporting

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

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.

Publishing

Publishing Reporting Branding Brands

EU copyright law round up – first trimester of 2022

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!

Copyright Law

Copyright Law Copyright Law Music

Are the Needs of Research Reflected in Copyright Decision-Making? An analysis of Copyright Councils & Consultations – Part I

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.

Copyright

Copyright Copyright Law Blogging Law

AI and copyright in 2022

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.

Copyright

Copyright Art Registration Fair Use

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

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.”

Copyright

Copyright Law Marketing Marketing

AI Music Outputs: Challenges to the Copyright Legal Framework – Part II

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.

Music

Music Copyright Related Rights Ownership

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. Click here and here to know more. Click here to know more.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

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.

Copyright

Copyright Art Design Designs

A summary look at the Portuguese transposition of the CDSM Directive

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

Art Contracts Publishing Licensing

The Orphan Works Directive is broken but the Commission won’t fix it!

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.

Copyright

Copyright Marketing Marketing Licensing

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

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

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

Copyright and the meta-regulation of intermediary services and artificial intelligence

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).

Copyright

Copyright Art Copyright Law Copyright Infringement

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

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

Publishing Journalism Copyright Editing

Sunday Surprises

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'.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

Never Too Late: If you missed the IPKat last week!

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.

Personality Rights

Personality Rights IP Copyright Art

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

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).

Copying

Copying Copyright Law Copyright Social Media

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

Kluwer Copyright Blog

MARCH 14, 2022

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 related rights approach. Intellectual Property Law in China, 2nd edition.

IP

IP Public Domain Copyright Intellectual Property

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. While a very valid concern, underpinning all market failure arguments essential to the smooth functioning of any IP regime, these are not the only important rationales. Intellectual Property Law in China, 2nd edition.

IP

IP Inventor Invention Intellectual Property

The AI Act provisions relating to copyright – Possibility of private enforcement? Germany as an example – Part 2

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.

Copyright

Copyright Marketing Marketing Copyright Law

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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.

Publishing

Publishing Art Related Rights Marketing

CDSM: French transposition on the remuneration of performers

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.

Contracts

Contracts Intellectual Property Music Cinema

When must public performances of musical works be reported to CMOs?

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.

Reporting

Reporting Music Related Rights Licensing

The journalists’ share

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.

Publishing

Publishing Art Journalism Copyright

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

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. €

Contracts

Contracts Copyright Law Cease and Desist

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

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.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

Does food flavouring constitute a “work”?

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)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

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.

Copyright

Copyright Licensing Art Publishing

Athens court rules on moral damages in software infringement case

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)

Copying

Copying Copyright Law Copyright Editing

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

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.

Publishing

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!

Copyright Law

Copyright Law Law Copyright Publishing

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

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. €

Copyright

Copyright Intellectual Property Copyright Law Law

The AI Act provisions relating to copyright – Possibility of private enforcement? Germany as an example – Part 1

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).

Copyright

Copyright Copyright Law Art Law

First draft of the General-Purpose AI Code of Practice has been released

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 .

Copyright Law

Copyright Law Due Diligence Copyright Technology

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

Saturday Sundries

Trending Sources

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Member States referred to the CJEU for failure to transpose copyright directives into national law

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Establishment and operation of CMOs in Greece

EU copyright law round up – fourth trimester of 2021

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

EU copyright law round up – first trimester of 2022

Are the Needs of Research Reflected in Copyright Decision-Making? An analysis of Copyright Councils & Consultations – Part I

AI and copyright in 2022

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

AI Music Outputs: Challenges to the Copyright Legal Framework – Part II

Friday Fantasies

Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

A summary look at the Portuguese transposition of the CDSM Directive

The Orphan Works Directive is broken but the Commission won’t fix it!

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

Copyright and the meta-regulation of intermediary services and artificial intelligence

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Sunday Surprises

Never Too Late: If you missed the IPKat last week!

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

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

The AI Act provisions relating to copyright – Possibility of private enforcement? Germany as an example – Part 2

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

CDSM: French transposition on the remuneration of performers

When must public performances of musical works be reported to CMOs?

The journalists’ share

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Does food flavouring constitute a “work”?

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Athens court rules on moral damages in software infringement case

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

EU copyright law round up – second trimester of 2023

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

The AI Act provisions relating to copyright – Possibility of private enforcement? Germany as an example – Part 1

First draft of the General-Purpose AI Code of Practice has been released

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