Information and Related Rights - Intellectual Property Pulse

[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

JANUARY 24, 2023

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights 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 related rights as a basis.

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

DECEMBER 13, 2023

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 related right for press publishers) as implemented into Italian law. All this would serve to ‘foster the availability of reliable information’.

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Kluwer Copyright Blog

JUNE 18, 2021

An example of this would be the work carried out by AISGE – a Spanish organisation that manages dubbing actors’ intellectual property rights in Spain and abroad. There is no doubt, however, that BTAP strengthens related rights of artists in audiovisual works and ensures their payment abroad.

Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

The IPKat

NOVEMBER 1, 2024

If prima facie liability is established, who may benefit from exceptions under copyright/related rights, and under what conditions? The EU AI Act requires providers of general-purpose AI models to put in place a policy to comply with EU copyright and related rights rules, including Article 4(3) of the DSM Directive.

Copyright Law

Copyright Law Copyright Law Related Rights

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.

Reporting

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

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.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

Advertising on Pirate Sites Outlawed in Ukraine Under New Law

TorrentFreak

SEPTEMBER 20, 2023

Transparency on Eligibility According to WIPO, participants in the WIPO Alert program provide information on the criteria and procedures that result in a domain appearing on their respective national blacklists before being placed on WIPO Alert.

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Advertising Advertising Law Intellectual Property

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

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). 216/1 and XI.216/2) 216/2) Art. The IBPT’s decisions may be challenged in front of the local courts. 216/1 and XI.216/2

Publishing

Publishing Art Licensing Confidentiality

FMovies Piracy ‘Mastermind’ Confesses, Authorities Confirm Piracy Prosecution

TorrentFreak

NOVEMBER 13, 2024

After more than two months of silence, local authorities have now released additional information on the investigation and the two men previously arrested. Phan Thanh Cong and Nguyen Tuan Anh will be prosecuted for infringement of copyright and related rights under Clause 2, Section 225, Penal Code 2015.

Copying

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

Vietnam Convicts Pirate Site Operators; a Rare Case Completed in Record Time

TorrentFreak

JULY 16, 2024

Information provided by the Quang Binh Provincial Police Department was soon confirmed by state-controlled media. Information relating to the alleged crimes, outlined by the authorities back in January, featured almost identically during the trial.

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Advertising Advertising Reporting Editing

Never Too Late: if you missed The IPKat recently

The IPKat

SEPTEMBER 19, 2021

Patents PermaKat Annsley Merelle Ward informed about the UK litigation in Abbott v Dexcom, a patent dispute over glucose monitoring devices for diabetes. Last August, the ARIPO members adopted the Kampala Protocol on voluntary registration of copyright and related rights.

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

The IPKat

APRIL 8, 2023

by Deborah De Angelis On March 16th , Meta (the American information technology company which owns Facebook, Instagram, and WhatsApp) removed the music catalogue of SIAE, the Italian copyright collecting society, from its services due to the parties’ inability to reach an agreement to renew the pre-existing licence. 17 (4), a). 17 (4), b).

Music

Music Art Copyright Related Rights

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing

Publishing Copyright Related Rights Social Media

Portugal strengthens copyright protection on the Internet

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.

Copyright

Copyright Related Rights Ownership Law

Ukraine Commits to Piracy Crackdown, Draws Up Blacklist, Joins WIPO ALERT

TorrentFreak

MARCH 28, 2024

“Despite the challenges of a full-scale war, we are making every effort to protect copyright and related rights on the Internet for Ukrainian and foreign intellectual property rights holders,” says Yuliia Svyrydenko, First Deputy Prime Minister of Ukraine and Minister of Economy.

Intellectual Property

Intellectual Property Related Rights Copyright Advertising

BREAKING: Article 17 of the DSM Directive is VALID

The IPKat

APRIL 26, 2022

In those circumstances, the specific liability regime, established by the Directive, in respect of online content-sharing service providers, entails a limitation on the exercise of the right to freedom of expression and information of users of those content-sharing services.

Intellectual Property

Intellectual Property Law Related Rights Copyright

Hope For Hollywood? Vietnam Police Raid Movie Piracy Group, Three Arrested

TorrentFreak

JANUARY 10, 2024

News that police in Vietnam have just arrested three men behind an illegal streaming operation could be a step in the right direction, even if MPA/ACE had bigger fish in mind when they visited Vietnam last summer. Alleged Leader Arrested Reports that authorities had made three arrests first appeared on Tuesday.

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Advertising Advertising Reporting Copying

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

Reporting

Reporting Music Related Rights Licensing

Potential Impact on Major Pirate Sites as Vietnam ISPs Face New Responsibilities

TorrentFreak

MAY 12, 2023

17/2023/ND-CP offers guidance on various copyright matters related to ISP liability and enforcement measures, including disclosure of customer information. ” Hollywood studios and publishers of Japanese anime and manga have long complained of difficulties enforcing their rights in Vietnam.

Intellectual Property Law

Intellectual Property Law Intellectual Property Copyright Infringement Copyright

Uptobox Bid to Resurrect File-Storage Service Fails in French Court

TorrentFreak

AUGUST 13, 2024

The site didn’t agree with this decision and, as a countermeasure, informed users how the DNS blockades could be circumvented. The court wasn’t convinced by these arguments, in part because they were based on information that was gathered after the fact.

Reporting

Reporting Copyright Related Rights Copyright Infringement

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 Licensing Law Copyright

Wednesday whimsies

The IPKat

JANUARY 31, 2024

This year’s theme is AI’s impact on creation, innovation, content, IP rights and competition. For more information and registration details, see here. 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.

Intellectual Property

Intellectual Property Editing Registration IP

[Guest Post] The African Group’s Proposal on a Work Program on Limitations and Exceptions Moves Forward in WIPO’s Committee on Copyright

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

Copyright

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.

Intellectual Property

Intellectual Property Related Rights Intellectual Property Law Copyright

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

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. Simple photographs. .

Copyright

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

Kluwer Copyright Blog

MARCH 15, 2023

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. In addition, an action for annulment under Art.

Copyright

Copyright Law Editing Related Rights

Sites With >100 Links to Pirated Content Will Be Banned From Search Engines

TorrentFreak

DECEMBER 13, 2021

According to information from the working group, various categories of sites are excluded from the measure. “It is understood that these resources are public and controlled by legal entities, which in case of violation of copyright or related rights may act as defendants in court,” the proposals read.

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. More information here. More information to come.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

BREIN Takes Down Virtual Pirate Streaming Worlds on VRChat

TorrentFreak

JANUARY 16, 2024

“By addressing this at an early stage, BREIN prevents the normalization of misuse of VR technology for infringement of copyright and related rights. If more information comes in we will update this article accordingly. — TorrentFreak asked BREIN how many worlds were taken down and if any follow-up action is planned.

Cinema

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

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.

Copyright

Copyright Cease and Desist Fair Use Publishing

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

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.

Government

Government Related Rights Copyright Law

DoodStream: Hollywood, Netflix, Amazon & Apple Sue “Rogue Cyberlocker”

TorrentFreak

MARCH 22, 2024

“DoodStream operates a partner program that offers financial remuneration, either per download or stream depending on the country of origin,” the MPA informed the USTR in its ‘notorious markets’ submission. ” “The operators are located in India,” the MPA informed the USTR.

Reporting

Reporting Intellectual Property Design Designs

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

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.

Law

Law Intellectual Property Related Rights Art

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

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

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.

Copying

Transposing the DSM Directive: the draft Swedish implementation of Article 17

The IPKat

NOVEMBER 9, 2021

In this sense, critics have already voiced that this may be unduly restrictive of freedom of expression and information. Finally, Section 52(u) provides that a contractual term that restricts a user’s right is invalid. What is made clear from this provision is that Sweden appears to be opting for an ex-ante blocking of content (i.e.,

Government

Government Copyright Related Rights Law

Sunday Surprises

The IPKat

DECEMBER 3, 2023

More information here. Image via Pexels Research Grant – University of Udine The University of Udine has just launched an opportunity for a research grant on the topic: Italian copyright law after the EU Directive on copyright and related rights in the Digital Single Market, and its effects on cultural heritage.

Privacy

Privacy Copyright Related Rights Marketing

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright

DAZN’s Piracy Shield ‘Smart TV’ Block Revoked After IPTV Portal Complaint

TorrentFreak

NOVEMBER 11, 2024

According to AGCOM, DAZN’s evidence was supported by a declaration that the reported domain names are “unequivocally intended for the violation of copyright or related rights of audiovisual works,” including sporting events broadcast live.

Reporting

Reporting IP Law Related Rights

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

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!

Intellectual Property

Intellectual Property Intellectual Property Law Related Rights Registration

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Kluwer Copyright Blog

DECEMBER 1, 2022

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.

Reporting

Reporting Marketing Marketing Copyright

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Government Regulation No. MOCI Regulation No.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

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.

Privacy

Privacy Copyright IP Copyright Infringement

[Guest post] New Ukrainian Law on Copyright and Related Rights

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

Trending Sources

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

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

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

Advertising on Pirate Sites Outlawed in Ukraine Under New Law

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

FMovies Piracy ‘Mastermind’ Confesses, Authorities Confirm Piracy Prosecution

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

Vietnam Convicts Pirate Site Operators; a Rare Case Completed in Record Time

Never Too Late: if you missed The IPKat recently

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

Portugal strengthens copyright protection on the Internet

Ukraine Commits to Piracy Crackdown, Draws Up Blacklist, Joins WIPO ALERT

BREAKING: Article 17 of the DSM Directive is VALID

Hope For Hollywood? Vietnam Police Raid Movie Piracy Group, Three Arrested

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

Potential Impact on Major Pirate Sites as Vietnam ISPs Face New Responsibilities

Uptobox Bid to Resurrect File-Storage Service Fails in French Court

Establishment and operation of CMOs in Greece

Wednesday whimsies

[Guest Post] The African Group’s Proposal on a Work Program on Limitations and Exceptions Moves Forward in WIPO’s Committee on Copyright

The WIPO Files I: the quest to protect user rights

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

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

Sites With >100 Links to Pirated Content Will Be Banned From Search Engines

Friday Fantasies

BREIN Takes Down Virtual Pirate Streaming Worlds on VRChat

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

UK Government axes plans to broaden existing text and data mining exception

DoodStream: Hollywood, Netflix, Amazon & Apple Sue “Rogue Cyberlocker”

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

A summary look at the Portuguese transposition of the CDSM Directive

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Transposing the DSM Directive: the draft Swedish implementation of Article 17

Sunday Surprises

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

DAZN’s Piracy Shield ‘Smart TV’ Block Revoked After IPTV Portal Complaint

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Protection of Nonfungible Tokens in Indonesia

Copyright versus privacy: the CJEU rules that access by a public authority to data associated with an IP address can be justified

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