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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.
The full article can be read in the Journal of the Copyright Society. This is potentially costly both to AI companies, which may end up paying large statutory and compensatory damages in multiple jurisdictions, and to authors and other rights holders whose livelihoods are directly affected by LLMs.
ALLEA, therefore, welcomes recent studies showing that OA publication in scientific journals is on the rise. [2] While the downstream costs of journal subscriptions are gradually falling, the upstream costs of publication, made up of the APCs, have risen sharply.
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. Current EU copyright framework.
The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. 2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Museu do Azulejo by G.P. 19 CDSM Directive. º-B and 74.º-D
This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The EU took the Intellectual Property route by introducing a relatedright under its copy right law.
3] SPRs reflect the age-old practice of circulating scientific writings in parallel to formal publication in academic journals. However, to allow publishers to recoup investments in journal publication, a short (e.g., 2] A legislative proposal to introduce SPRs in Italy is pending. [3]
The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. While I refer to the right to receive an appropriate share as the journalists’ share, it is worth noting that the beneficiaries of the right do not need to be journalists, as Art.
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 relatedrights.” Doubtful, but murky. Let’s take this further. What about preprint servers?
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. In the view of the BGH, an infringement of the film producer’s relatedright does not require that a copyright protected part had been used.
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.
Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and relatedrights and patents. FIDE - The Metaverse As A Challenge To Classical IP - 29 June 2022 - Online The Metaverse steadily developed, and its role became even more central to the business.
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