Licensing, Marketing, Publishing and Related Rights

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’.

[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.

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . European Union and Australian Approach for Press Publishers’ Interest.

Publishing

Publishing Marketing Marketing Advertising

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point. Image via needpix. Article 43bis l.aut.

Publishing

Publishing Law Contracts Licensing

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point. Image via needpix. Article 43bis l.aut.

Publishing

Publishing Law Contracts Licensing

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). Mere facts”.

Reporting

Reporting Marketing Marketing Copyright

The journalists’ share

Kluwer Copyright Blog

JULY 11, 2024

The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. This journalists’ share made it into the CDSM Directive rather unnoticed, and was not controversial, unlike the press publishers’ right it derives from.

Publishing

Publishing Art Journalism Copyright

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

Technology

Technology Publishing Social Media Intellectual Property

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). This provision, which has been retained with minor changes, covers only analogue uses and applies only to the reproduction right.

Licensing

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

DECEMBER 12, 2022

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA). [1] As a recent study demonstrates, commercial publishers currently derive more than two billion USD annually from APCs.

Copyright

Copyright Publishing Journalism Art

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Kluwer Copyright Blog

DECEMBER 18, 2022

Favouring the press publishers. This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights

Moral Rights Publishing Licensing Copyright

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Kluwer Copyright Blog

MARCH 8, 2023

2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.

Publishing

Publishing Art Related Rights Marketing

A summary look at the Portuguese transposition of the CDSM Directive

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. 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

Art

Art Contracts Publishing Licensing

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

The IPKat

AUGUST 24, 2021

This said, based on what is already available, it is apparent that the provisions that the EU legislature adopted in 2019 to establish a ‘Digital Single Market’ will be implemented in different – if not altogether creative – ways across the EU. Examples of the latter are the articles on authors’ and performers’ contracts (Articles 18 to 23).

Publishing

Publishing Copyright Related Rights Law

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

FEBRUARY 7, 2024

In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. Doubtful, but murky. Let’s take this further. What about preprint servers?

Editing

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. And it’s published under a creative commons license, with the text available on his website here. There is however one stand-out entry that looks like it will be of interest to several of our readers.

Intellectual Property

Intellectual Property Publishing Copyright Technology

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. Click here and here to know more. Click here to know more.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

It could be copyright infringement to continue serving photos from servers after the license expired. Tattoos are “published” when completed. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States.

Copyright

Copyright Social Media Copyright Infringement Publishing

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

Copyright

Copyright Licensing Art Publishing

European Copyright Directive: Which Stage is the European Union At?

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. Consequently, the European Commission has tried to eliminate certain ambiguities by publishing the Guidance on Article 17. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

Copyright

Copyright Copyright Law Due Diligence Law

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

Copying

Copying Copyright Law Copyright Social Media

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

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

JANUARY 18, 2023

Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. As such, the exemption is reduced to a priority for individual licensing. The new related right for press publishers (Sections 87 et seqq. b) Teaching.

Copyright

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

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).

Copyright Law

Copyright Law Copyright Law Reporting

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13] 4(1) and 4(3).

IP

IP Copyright Art Related Rights

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 article was originally edited by, and first published on, www.lexology.com.

Reporting

Reporting Music Related Rights Licensing

Advocate General’s Considerations on Article 17

IPilogue

AUGUST 18, 2021

The European Union (EU) Court of Justice Advocate General, Saugmandsgaard ØE, recently published the long-awaited opinion on the action brought by the Republic of Poland against the contentious Article 17 of the Directive on Copyright and Related Rights in Digital Single Market.

Copyright

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

Copyright

Copyright Art Fair Use Registration

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Image source: iStock]. cross-border transfer of personal data.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive.

Copyright

Copyright Fair Use Publishing Reporting

Even if your name is as famous as Ronaldinho, the UK IPO cannot raise ex officio bad faith objections

The IPKat

MAY 8, 2022

. • The practice set out in the Examination Guide is silent as to how the Registrar’s enforcement of the protection of famous names under section 3(6) is to be reconciled with the existence of a relative right to object and the express prohibition contained in Article 2 of the Trade Marks (Relative Grounds) Order 2007. Germany license.

Licensing

Sunday Surprises

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM.

Contracts

Contracts Intellectual Property Cinema Copying

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., 5) Supreme Court 484/2020. (6)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. Such usage aims to provide to the rights holder the possibility of receiving remuneration corresponding to the economic value of the copy in question. (4) 2916/2022. (2)

Copying

Copying Copyright Law Copyright Editing

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. A third alternative: the related rights approach.

IP

IP Public Domain Copyright Intellectual Property

Kluwer Copyright Blog

OCTOBER 7, 2021

This eagerly awaited AG Opinion was published on 15 July 2021. 11 of the Charter of Fundamental Rights of the European Union. This seems to have pushed some EU Member States towards compliance, as at the end of September Portugal became the latest country to publish a national transposition proposal for the Directive.

Copyright Law

Copyright Law Copyright Law Television

Sunday Surprises

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.

Intellectual Property

Intellectual Property IP Registration Copyright

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP

IP Intellectual Property Invention Copyright

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Right of remuneration (Sections 32 et seqq. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts

Contracts Copyright Law Cease and Desist

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government

Government Database Right Intellectual Property Copyright

Unrequited love at the times of French maisons: the Museum vs Le Musée

Kluwer Copyright Blog

NOVEMBER 20, 2022

This being said, also in this second scenario as in the first, third parties willing to use and/or reproduce artworks located in a cultural institution will still need to get in touch with the respective care-taker entity, so as to verify whether any license agreement is in place. This is for two reasons, as pointed out by E.

Artwork

Artwork Public Domain Art Copyright

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

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

Trending Sources

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

The journalists’ share

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

A summary look at the Portuguese transposition of the CDSM Directive

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

Friday Fantasies

2H 2022 Quick Links, Part 3 (Copyrights and More)

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

European Copyright Directive: Which Stage is the European Union At?

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

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

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Establishment and operation of CMOs in Greece

EU copyright law round up – fourth trimester of 2021

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

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

Advocate General’s Considerations on Article 17

AI and copyright in 2022

Protection of Nonfungible Tokens in Indonesia

Generative AI and copyright: Convergence of opt-outs?

Even if your name is as famous as Ronaldinho, the UK IPO cannot raise ex officio bad faith objections

Sunday Surprises

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Does food flavouring constitute a “work”?

Athens court rules on moral damages in software infringement case

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

EU copyright law round up – third trimester of 2021

Sunday Surprises

AI and IP – A real conversation starter

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Please share nicely — From Database directive to Data (governance) acts

Unrequited love at the times of French maisons: the Museum vs Le Musée

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