IPKat Book of the Year Awards 2024
The IPKat
DECEMBER 19, 2024
The IPKat is thrilled to announce the launch of the 2024 Book of the Year Awards, continuing its cherished end-of-year tradition!
Vietnam Convicts Pirate Site Operators; a Rare Case Completed in Record Time
TorrentFreak
JULY 16, 2024
Trio on Trial The men faced trial at the People’s Court of Quang Binh province starting July 11, with local media confirming charges of “Infringement of copyright and related rights” under Article 225 of the Penal Code. The men were also responsible for increasing user engagement to attract advertising revenue.
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Protecting Commercial AI Rights Is Harder Than You Think – EU Edition
Velocity of Content
FEBRUARY 7, 2024
As noted in the current draft of the EU’s AI Act , “[t]ext and data mining techniques may be used extensively in this [training] context for the retrieval and analysis of such content, which may be protected by copyright and related rights.”
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Book review: International Copyright and Neighbouring Rights
The IPKat
MARCH 13, 2023
This is a review of the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond , by Sam Ricketson (Emeritus Professor, Melbourne Law School, University of Melbourne) and Jane Ginsburg (Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School).
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Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar
SpicyIP
JANUARY 12, 2022
How India developed its negotiating stance and played the negotiating game would be of interest to students, experts and practitioners of multilateral negotiations as well as of intellectual property in general, and copyright and related rights in particular.” Watal and A.
Hope For Hollywood? Vietnam Police Raid Movie Piracy Group, Three Arrested
TorrentFreak
JANUARY 10, 2024
Police say Huy and Nhan were tasked with downloading, editing and distributing movies, but offered no specific details in relation to that work. According to the authorities, the men never met in person, since all duties were assigned via Telegram.
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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.
Book review: Guidebook to Intellectual Property + discount code
The IPKat
MARCH 18, 2023
This is a review of Guidebook to Intellectual Property (seventh edition) authored by Sir Robin Jacob (8 New Square and UCL, Matthew Fisher (UCL) and Lynne Chave (UCL). The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.
Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school
Kluwer Copyright Blog
MARCH 24, 2022
The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.
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!
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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.
Collective management of copyright and neighbouring rights in Greece
LexBlog IP
AUGUST 4, 2021
Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Further, they have the right to choose whether they will join a Greek or a foreign organisation, and if so, which CMO that will be.
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Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate
LexBlog IP
MAY 4, 2022
According to PM, the specific musical repertoire in question was not represented by any collective management organisation (CMO) in Greece or abroad and, therefore, no copyrights, related rights, performance rights, or any other rights of third parties were owed. or idaroussou@metaxopouloslaw.gr ).
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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. Intellectual Property Law in China, 2nd edition. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. More from our authors: Law of Raw Data. by Christopher Heath. €
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Copyright versus privacy: the CJEU rules that access by a public authority to data associated with an IP address can be justified
Kluwer Copyright Blog
SEPTEMBER 8, 2024
The possibility of linking such data with files containing information that reveals the title of protected works, in cases where the same person repeats an activity infringing copyright or related rights, must be subject to review by a court or an independent administrative body.
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UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)
Kluwer Copyright Blog
MARCH 14, 2022
A third alternative: the related rights approach. We followed the approach of distinguishing between creation and dissemination of works, so as to propose transforming the current CGWs provisions into a neighbouring rights provision. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.
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Whither a Signal-Based Broadcast Treaty?
Kluwer Copyright Blog
APRIL 18, 2024
There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.
EU copyright law round up – second trimester of 2023
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!
Case study: “copyright-free” in-store music and collective management
LexBlog IP
JANUARY 12, 2022
In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. This article was originally edited by, and first published on, www.lexology.com. Endnotes. (1) 1) Law 2121/1993. (2) 3) Decision No.
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[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries
The IPKat
MAY 22, 2023
The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.
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Athens court rules on moral damages in software infringement case
LexBlog IP
JUNE 28, 2023
This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. This article was originally edited by, and first published on, www.lexology.com. Endnotes (1) Decision No. 2916/2022. (2)
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Protection of Trademarks in Cambodia
IP and Legal Filings
NOVEMBER 1, 2022
Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.
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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. This article was originally edited by, and first published on, www.lexology.com.
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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.
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.
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The WIPO Files I: the quest to protect user rights
Kluwer Copyright Blog
NOVEMBER 15, 2021
For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es. More from our authors: Law of Raw Data.
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.
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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. €
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Copyright law and football matches: impossible to match? (Part II)
Kluwer Copyright Blog
JANUARY 5, 2022
Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters. Intellectual Property Law in China, 2nd edition. So, more evolutions are expected, since digital revolutions will continue to shake the world of copyright law.
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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”.
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Does food flavouring constitute a “work”?
LexBlog IP
AUGUST 30, 2023
Compensation presupposes culpability and infringement of IP (or related rights) (i.e., And article(2) stipulates that: while whoever culpably infringed the intellectual property or related rights of another is obliged to compensate and satisfy the moral damage. 5) Supreme Court 484/2020. (6)
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'.
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.
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.
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AI and copyright in 2022
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) ). More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265
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The journalists’ share
Kluwer Copyright Blog
JULY 11, 2024
The appropriate share should be determined in a company agreement or other collective agreement, and if the parties do not reach a consensus within 6 months from start of negotiations, the case can be referred to the Copyright and Related Rights Commission (CDADV). The offers made and accepted in France are rather inconsistent.
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The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test
Kluwer Copyright Blog
DECEMBER 12, 2021
The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). Intellectual Property Law in China, 2nd edition. Additionally, all proprietary and open source software licensing rely on copyright protection. More from our authors: Law of Raw Data.
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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
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Never Too Late: If you missed the IPKat last week!
The IPKat
DECEMBER 23, 2023
Anastasiia Kyrylenko commented on a ruling on design and copyright protection of a cat litter tray, which was resolved by the first instance Community design court in Brussels Eleonora Rosati updated readers on a recent referral from an Italian court to the CJEU with questions about the press publishers’ related right under the DSM Directive.
Copyright law and football matches: impossible to match? (Part I)
Kluwer Copyright Blog
JANUARY 4, 2022
Intellectual Property Law in China, 2nd edition. At the same time, a global paradigm of online piracy enabling the retransmission of sports events on a worldwide basis has dynamically emerged. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €
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Wednesday whimsies
The IPKat
JANUARY 31, 2024
The New York edition will take place on February 21, and the Washington edition is planned for February 23. Until March 13, the Spanish Instituto de Autor is awaiting submissions on copyright and related rights, written in Spanish, to the 11th Antonio Delgado Award. See here for further details.
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.
‘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).
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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. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. Tschider € 195 Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93
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