Kluwer Copyright Blog

OCTOBER 23, 2024

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]

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Kluwer Copyright Blog

JUNE 27, 2023

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. Museu do Azulejo by G.P. This dispute resolution mechanism is possibly the main highlight of the Portuguese transposition, as it has a much wider scope than that envisioned in Art.

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Kluwer Copyright Blog

JANUARY 23, 2024

Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it. The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).

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Kluwer Copyright Blog

JULY 11, 2024

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. The journalism profession is (or not) regulated independently by each member state, and there is no common understanding of who is a journalist in the EU.

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Kluwer Copyright Blog

JUNE 13, 2024

These overall aims also include the protection of copyright and related rights. This is an adapted version of a German language editorial by the author for the German IP journal Gewerblicher Rechtsschutz und Urheberrecht (GRUR), Issue 11/2024, pp. 34 and 35 DSA).

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Copyright Art Copyright Law Copyright Infringement 83

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. The right is an exclusive right to reproduction and making the content available online to the EU press publishers against online use of their content by information society service providers for two years.

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Velocity of Content

FEBRUARY 7, 2024

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 related rights.” Doubtful, but murky. Let’s take this further. What about preprint servers?

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Kluwer Copyright Blog

NOVEMBER 24, 2021

In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used. The BGH assumed that an infringement of the related right of the film producer had occurred. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €

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Kluwer Copyright Blog

JANUARY 31, 2023

“ YouTube II ” concerned the infringement of the right of communication to the public as per Article 3 of the Copyright Directive (2001/29) in relation to copyright and related rights in various music tracks.

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Copyright Law Copyright Law Copyright Infringement 52

IIPRD

JUNE 24, 2024

7] WIPO Treaties ‘The WIPO Copyright Treaty’ and the “WIPO Performances and Phonograms Treaty” became effective in 2002, [8] marking a notable milestone in enhancing copyright and related rights protection globally, showcasing substantial advancements and international collaboration. 36/37 (1998): 2334– 35. [4] 5] Alikhan, Shahid.

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Selvam & Selvam Blog

SEPTEMBER 7, 2023

Statement of case should include details of successful enforcement of the trademark-related Evidence supporting the applicant’s rights and Details of successful enforcement of the trademark-related rights – specifically to the extent that it has been recognized as a well-known trademark by a Court in India or Registrar of Trademarks.

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IP and Legal Filings

DECEMBER 6, 2022

The Act mandated the creation of two Collective Management Organizations, or CMAs, one for representing the interests of the authors and the other to safeguard the interests of related rights owners. Journal of Social Studies (JSS). 1] 1995 (1) ARBLR 555 Delhi. [2] 3] Wijayanto, Xenia & Nurhajati, Lestari. 2022, April 22).

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Music Copyright Copyright Infringement Moral Rights 98

The IPKat

JUNE 26, 2022

Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights 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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Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

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The IPKat

NOVEMBER 1, 2024

If prima facie liability is established, who may benefit from exceptions under copyright/related rights, and under what conditions? I have prepared a study just published in the European Journal of Risk Regulation seeking to answer the above. Where to read more On the website of the European Journal of Risk Regulation here.

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Velocity of Content

NOVEMBER 25, 2024

The full article can be read in the Journal of the Copyright Society. The timeline of copyright legislation shows a clear pattern: the introduction of major new technologies has often been followed by the creation of new exclusive rights (e.g., broadcasting rights) and/or compensation mechanisms (e.g., 48 § 21 (UK).

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The IPKat

JANUARY 25, 2025

Well, if that is the case, the usual copyright rules shall apply, with all the consequences that I discuss in greater detail in this recent academic article published by the European Journal of Risk Regulation , whose main findings are summarized on The IPKat here. CXCVII, Sept.

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