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Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and RelatedRights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and relatedrights as a basis.
After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the relatedright for press publishers) as implemented into Italian law. All this would serve to ‘foster the availability of reliable information’.
The rapid change and uncertainty in the realm of AI and copyright raises the inevitable question of how to legally enable users to access high quality and compliant materials for use in AI systems, given the variability and attendant uncertainty about the scope of rights and exceptions and limitations.
The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). 17 (4), b).
15 of DSM Directive introduced a relatedright for press publishers to control the online uses of their press publications by information society service providers (ISSPs). They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation.
While TDM may be performed in different ways, the key value of predictive TDM processes thus lies in facilitating the treatment, recombination, and extraction of further knowledge from large amounts of data and text, allowing the identification of patterns and associations between seemingly unrelated pieces of information.
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.
To foster an open and inclusive dialogue, the meeting operated under the Chatham House Rule , meaning that participants are free to use the information received at the meeting, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed, outside of this meeting.
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 relatedrights”.
And it’s published under a creative commons license, with the text available on his website here. Secondly, India was counted as a developing country and at the same time it was in 1996 a significant producer and exporter of films and information technology products and services for which copyright is vital for survival.
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…). The licenses may cover all the same uses covered by the limitation.
4iP Council - Licensing Negotiation Groups: what, why, how 4iP will hold an online webinar to discuss the proposed formation of Licensing Negotiation Groups (LNGs) of implementers that would collectively negotiate and license standard essential patents (SEPs). Registrations are open and further information can be found here.
WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and RelatedRights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.
Rights to distribute and reproduce the work exclusively, as well as the right to grant a license that will allow the copyright holder to collect royalties, are included in this property. According to Section 30, the holder of copyrights may license all or part of his rights to another party.
We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction. It decided not to use the content.
The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. The defendant operated the platform based on license agreements with TV channel operators. The claimant is the owner of the copyright in several TV shows broadcast on the relevant TV channels.
With the adoption of both the Directive on Copyright and RelatedRights 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. More information here. More information to come.
Such discretion ranges from the very option to do something in the first place to shaping the actual content of rights and rules. An example of the former is the possibility, under Article 12, to provide for collective licensing with an extended effect. Are national legislatures entirely to blame for this? In fairness, not.
Further information about the 2022 Conference Program and registration can be found here. For more information and to register, click here. The event's website contains information about the registration and programme. Further information about the event and registration is available here.
By now, Article 15 of Directive (EU) 2019/790 on copyright and relatedrights 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.
11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Government Regulation No. MOCI Regulation No. data retention.
Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3 9] (a) Art.
For more information and a list of speakers, visit the " New Events " section of the CLA website. For more information and the full list of panellists, visit the BLACA website. For more information, including the full list of panellists and registration (which is required to attend this event), visit the 4IP website here.
It could be copyright infringement to continue serving photos from servers after the license expired. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. . * Evox Productions, LLC v. Verizon Media, Inc., 2K Games, Inc. ,
In-person event on standard essential patents (SEPs) in Turin The Italian branch of the Licensing Executives Society (LES) is holding a one-day event on SEPs and their upcoming reform. This year’s theme is AI’s impact on creation, innovation, content, IP rights and competition. For more information and registration details, see here.
The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and RelatedRights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).
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 is logically not possible if the works used are not controlled or managed by the CMO requesting information.
In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and relatedrights and access to and reuse of scientific publications, including open access. Image by Mediamodifier from Pixabay. Legislative Initiatives.
Watermarking , i.e. the ability to add information and embed it directly into a product, signal or digital file. Fingerprinting , i.e. extracting and analysing recognisable features/information of a digital content (audio or video) to identify and assign some of its unique inherent characteristics.
However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and RelatedRights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023. In fact, Decree-Law no.
In addition, claims for information are provided for at various points in the UrhG. As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement. Claim for information.
Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.
It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.
Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 12 DSM Directive). 12 DSM Directive).
It has several aims, including the following: To facilitate copyright and relatedrightslicensing in protected works and other subject matters in certain television transmissions and radio programs. To introduce a mechanism of extended copyright licensing. Audiovisual works are excluded.
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.
To change the status quo, the Ministry of Information, Communication and Technology collaborated with the Tanzania Communications Regulatory Authority (TCRA) to support innovation and entrepreneurship by launching several initiatives that are aimed at providing funding and technical assistance to local start-ups.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. 1] As is normal in WIPO negotiations, considerable time in the meeting of the SCCR was conducted in “informal” session where public reporting on what was proposed or discussed is not permitted. [2] Copyright: WIPO.
2121/1993 on “Copyright, RelatedRights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and RelatedRights” ( 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.
Based on information gathered through a questionnaire distributed to national experts from each examined Member State, the report assesses the compliance of the national implementations with the internal market objective of the Directive and the EU’s law of fundamental rights. Licensing the PPR. Targeted users.
Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.
The information that providers submit to the supervisory authorities shall be subject in any case to the requirements of confidentiality contained in the AIR which stipulates that both the Commission and the supervisory bodies must respect the confidentiality of the information that they obtain in the exercise of their duties.
The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. APIG , an alliance representing general information publishers, refused to negotiate an agreement with journalists organisations.
As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). The new relatedright for press publishers (Sections 87 et seqq. d) Caricature, parody and pastiche.
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