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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Copyright Infringement Copyright Law Journalism 121

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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Publishing Art Journalism Copyright 74

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 76

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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Copyright Derivative Work Intellectual Property Copying 52

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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Editing All Rights Reserved Publishing Copyright 59

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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Contracts Copyright Law Cease and Desist 98

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.

Copyright Law 52

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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Intellectual Property Artistic Work Registration Copyright 52

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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Trademark Registration Intellectual Property Business 52

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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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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Intellectual Property IP Registration Copyright 117

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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Moral Rights Law Copyright Copyright Law 52

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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Copyright Law Copyright Law Related Rights 127