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!
Book review: Performers' Rights
The IPKat
JANUARY 21, 2022
Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights. The first edition was published in 1990 and it is now in its 6th edition, updated from its previous version which was published in 2015.
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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.
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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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.
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.
Member States referred to the CJEU for failure to transpose copyright directives into national law
Kluwer Copyright Blog
MARCH 15, 2023
In addition, the Commission has referred Bulgaria, Finland, Latvia, Poland and Portugal to the CJEU for failure to transpose another EU Directive on copyright and related rights applicable to certain online transmissions ( EU Directive 2019/789 ).
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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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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.
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.
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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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.
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.
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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. €
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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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ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules
Kluwer Copyright Blog
DECEMBER 12, 2022
Admittedly, the value added to the scientific article during its journey from submission to final publication is the result of a review and editing process that deserves financial reward. Ideally, such Secondary Publication Rights should be harmonised and made mandatory at the EU level. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3
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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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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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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.
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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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.
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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 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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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.
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.,
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EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024
Kluwer Copyright Blog
JANUARY 23, 2024
Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it. The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).
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
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. Intellectual Property Law in China, 2nd edition. Stay tuned! by Christopher Heath. €
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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AI Music Outputs: Challenges to the Copyright Legal Framework – Part I
Kluwer Copyright Blog
APRIL 22, 2022
Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights. Intellectual Property Law in China, 2nd edition. developer or user).
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Broadcasters’ Cable Retransmission Rights: in line (or not) with the EU right of communication to the public?
Kluwer Copyright Blog
APRIL 12, 2022
However, Member States can provide for such a right in their legislations. Even if Member States remain free to establish cable retransmission rights both for copyright holders and holders of related rights, these rights should be construed through the harmonised conceptual framework of this Directive.
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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.
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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‘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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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'.
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.”
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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.
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