The IPKat

SEPTEMBER 26, 2024

15 of DSM Directive introduced a related right 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.

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SpicyIP

MARCH 15, 2022

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.

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Velocity of Content

JANUARY 7, 2025

2 Licensing enables copyright owners and users to come together in a mutually beneficial manner, helping the market function more efficiently and responsibly. There is no single global copyright law, and countries vary significantly in their approach to copyright and AI-related issues like text and data mining and transparency.

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SpicyIP

JANUARY 12, 2022

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.

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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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Kluwer Copyright Blog

MARCH 30, 2022

The first part examined the legal nature of the VSE rule, concluding that it ought to be qualified not as an ‘exception’, but as a ‘limitation’ to the scope of the right. It was also highlighted that even though the Directive justifies the limitation on economic grounds, its freedom of information undertone should not be overlooked.

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Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

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Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). Targeted users.

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Kluwer Copyright Blog

FEBRUARY 19, 2025

In research released at the beginning of 2024, Knowledge Rights 21 explored the extent to which the official Impact Assessments for a range of key information and digital regulation in Europe (including copyright) reflected on what proposed laws would mean for research. An overview of the information gathered is shared in an annex.

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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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Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

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Kluwer Copyright Blog

NOVEMBER 11, 2021

The obvious mandate of this article is that, when OCSSPs meet those conditions, they are not liable for the unauthorised acts of communication to the public.

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Kluwer Copyright Blog

DECEMBER 14, 2022

Repair and maintenance information is often crucial for the repair of today’s increasingly complex and computerised products and devices. The InfoSoc Directive’s non-mandatory exception for the “uses in connection with the repair or demonstration of equipment” suggests an avenue for enabling wider access to repair information.

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Kluwer Copyright Blog

DECEMBER 17, 2024

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.

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Kluwer Copyright Blog

MAY 26, 2022

263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. Detailed information on the implementation process in the Member States can be found on CREATe’s resource page. National implementation has also proved to be a contentious process, with very few Member States meeting this deadline.

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Technology & Marketing Law Blog

JANUARY 3, 2023

Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers. Plaintiff also requests that this Court issue an ex parte order seizing Defendants’ computers, computer hard drives, cellular phones, and other memory devices that could contain its confidential information.

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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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Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994. b) entitled CMOs in a proportion determined by the provisions of the Act.

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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…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

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The IPKat

AUGUST 24, 2021

This said, based on what is already available, it is apparent that the provisions that the EU legislature adopted in 2019 to establish a ‘Digital Single Market’ will be implemented in different – if not altogether creative – ways across the EU. The European Commission correctly reasoned along these lines, though with reference to Article 17.

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IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• Image source: iStock]. MOCI Regulation No.

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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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Garrigues Blog

DECEMBER 14, 2021

However, at times, excessive intervention can have a negative impact on users’ freedom of expression and information, since now and again content is removed that is protected by certain exceptions, such as parody for example. Nobody questions the fact that IP laws need to be enforced on the internet.

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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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The IPKat

DECEMBER 3, 2023

The Congress is aimed at discussing six main topics and their relation to the Metaverse: the European Digital Acts, the Legal Status of Avatars and Digital Identity, Privacy and Personal Data Protection, Content and Conduct Moderation, Virtual Worlds as Markets and Cybersecurity. More information here.

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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. More information here. More information to come.

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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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The IPKat

OCTOBER 4, 2022

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.

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The IPKat

SEPTEMBER 19, 2022

One such example relates to the blocking of content pending the resolution of a complaint. It follows plainly from this part of the ruling that national transpositions that mandate the generalized ex ante blocking of content pending the resolution of a complaint are in breach of EU law.

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The IPKat

SEPTEMBER 4, 2022

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.

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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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The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted. We look forward to seeing you in Stockholm in early June! PS: There is no better time of the year to discover and explore this beautiful city!

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Kluwer Copyright Blog

DECEMBER 20, 2022

However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific related right under Section 72 of the UrhG. By contrast, the author of a simple photograph is not granted any moral right.

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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 is logically not possible if the works used are not controlled or managed by the CMO requesting information.

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Kluwer Copyright Blog

JANUARY 9, 2023

Copyright law and football matches: impossible to match? At the same time, a global paradigm of online piracy enabling the retransmission of sports events on a worldwide basis has dynamically emerged.

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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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Kluwer Copyright Blog

NOVEMBER 24, 2021

In addition, claims for information are provided for at various points in the UrhG. Claim for information. A decision in 2017 concerned a claim for information under Section 101(9) UrhG, specifically information with the use of traffic data. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

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