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

The IPKat

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.

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Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

Kluwer Copyright Blog

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.

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Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

If such a question is ever referred to the CJEU, the odds are that the referring court will be a Spanish one. The language is not perfectly clear, but it arguably refers to situations where an OCSSP meets all the requirements set forth in Art. More from our authors: Law of Raw Data. 17(4) of the CDSMD.

Art 112
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Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Provisions of intellectual property law will be applicable to NFTs.

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EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

The AG held that the notion refers to the retransmission of a primary transmission by cable distributors, who carry out such retransmission as professional operators in the context of a conventional cable network. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

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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

Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive. Therefore, the narrower the scope of the VSE limitation, the lower the threshold for the right to kick in.

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Sunday Surprises

The IPKat

The Thomas Edison Innovation Law and Policy Fellowship promotes excellent academic research about IP and related rights in the innovative and creative communities. The deadline for completing the application form and for the submission of references and all required documents is 31 January 2022.