Licensing, Reference and Related Rights - Intellectual Property Pulse

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

The IPKat

SEPTEMBER 26, 2024

The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU). Their claims and the corresponding questions referred to the CJEU are detailed below. Press publishers’ right (Arts. 216/1 (case no. 216/2 (cases nos. 7922 and 7925), XI.228/4 228/4 (cases nos. 7924 and 7927), XI.228/10

Publishing

Publishing Art Licensing Confidentiality

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.

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

The IPKat

JULY 15, 2024

Here’s what he writes: CJEU: New licensing rules for the provision of guest TVs in Germany? Both decisions are based on questions referred by German courts and call into question the established German case law in that area and the known general licensing practice of the collective management societies based on it. Citadines./.

Licensing

Licensing Television Marketing Marketing

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia.

Television

Television Art Advertising Advertising

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

NOVEMBER 10, 2021

There is a constant debate of balancing the monopolistic rights against the right of public access to essential commodities like pharmaceuticals and medical products. This is where the concept of compulsory licensing gains popular attention. What is Compulsory Licensing? Reasons for Granting Compulsory License.

Licensing

Licensing Invention Intellectual Property Marketing

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…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

Licensing

Licensing Publishing Related Rights Law

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. One might express concerns relating to the confluence between CC0 licenses and NFTs, as NFTs are intended to foster digital scarcity and ownership.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

The Portuguese Government completes the transposition of the new European Copyright Directive

Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023.

Government

Government Copyright Related Rights Licensing

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

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Kluwer Copyright Blog

OCTOBER 23, 2024

DOI:10.26356/ALLEA-SPRS-STATEMENT Licence : This work is licensed under the terms of the Creative Commons Attribution licence, which permits unrestricted use, provided the original author and source are cited (CC BY 4.0). Citation : For citation purposes, please use the following: ALLEA.

Publishing

Publishing Journalism Copyright Editing

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government

Government Related Rights Copyright Law

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. 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.

Publishing

Publishing Art Journalism Copyright

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. According to Section 30, the holder of copyrights may license all or part of his rights to another party. Image Source: Shutterstock].

Music

Music Copyright Copyright Infringement Moral Rights

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

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.” Public.Resource.Org, Inc. , 4th 1262 (D.C.

Editing

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

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). The reference in Section 60b(2) UrhG has been updated accordingly. What exactly the term “pastiche” refers to is unclear.

Copyright

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

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

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

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

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. cross-border transfer of personal data. storage of electronic data overseas. Conclusion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark 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

The Five Essential Copyright-Related Terms You Need to Know

Kashishipr

AUGUST 31, 2022

When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs). The copyright owner or holder refers to a company or an individual owning the exclusive copyright in creative works. Copyright License. Copyright Owner or Copyright Holder.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

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., Emphasis added.)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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

The IPKat

AUGUST 24, 2021

Such discretion ranges from the very option to do something in the first place to shaping the actual content of rights and rules. An example of the former is the possibility, under Article 12, to provide for collective licensing with an extended effect. Are national legislatures entirely to blame for this? In fairness, not.

Publishing

Publishing Copyright Related Rights Law

Sunday Surprises

The IPKat

NOVEMBER 7, 2021

4iP Council - Licensing Negotiation Groups: what, why, how 4iP will hold an online webinar to discuss the proposed formation of Licensing Negotiation Groups (LNGs) of implementers that would collectively negotiate and license standard essential patents (SEPs). Applications will be open until 24 November 2021 (5:00pm, EST).

Intellectual Property

Intellectual Property IP Registration Intellectual Property Law

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

The French transposition clarifies that a “very short” extract must not be capable of replacing the press publication itself or exempting readers from referring to it. However, attention is necessary: the PPR is a related right and its subject matter does not need to qualify as (a part of) a “work”. Licensing the PPR.

Reporting

Reporting Marketing Marketing Copyright

EU copyright law round up – third trimester of 2021

Kluwer Copyright Blog

OCTOBER 7, 2021

The Stichting Brein preliminary reference related to the liability of an operator of a platform for Usenet services for communication to the public, while the Puls 4 TV reference concerned the application of the hosting safe harbour to online video platforms. Austro-Mechana, AG Hogan, C-433/20. Coming soon and latest referrals.

Copyright Law

Copyright Law Copyright Law Television

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

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. The principle of appropriate and proportionate remuneration of articles 18 and 20 of the CDSM.

Contracts

Contracts Intellectual Property Cinema Copying

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions. Further, article 22 of Law 4481/2017, stipulates that: 1.

Music

Music Related Rights Law Contracts

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying

Copying Copyright Law Copyright Editing

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

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

1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1] 4(1) and 4(3).

IP

IP Copyright Art Related Rights

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

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

What is the Copyright Status of AI Generated Works?

azrights

AUGUST 11, 2022

From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes. Is the output infringing copyright? Copyright position.

Copyright

Copyright Due Diligence Designs Design

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

Music

Music Intellectual Property Copyright Technology

The Resolution of the European Parliament on protection of live sport events

Kluwer Copyright Blog

JUNE 28, 2021

In this sense, the Legislative Decree 9/2008 relating to “Discipline of ownership and marketing of audiovisual sports rights and relative allocation of resources” acknowledges that the professional league and the clubs are joint owners of the audiovisual rights relating to matches. by Tito Rendas. €

Television

Television Copyright Blogging Law

Intellectual Property Pulse

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

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

Trending Sources

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

Understanding Compulsory Licensing and Access to Essentials

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

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

The Portuguese Government completes the transposition of the new European Copyright Directive

Establishment and operation of CMOs in Greece

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

UK Government axes plans to broaden existing text and data mining exception

The journalists’ share

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

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

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

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

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

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

Protection of Nonfungible Tokens in Indonesia

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

The Five Essential Copyright-Related Terms You Need to Know

Does food flavouring constitute a “work”?

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

Sunday Surprises

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

EU copyright law round up – third trimester of 2021

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

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

Court clarifies process for CMO equitable remuneration

Athens court rules on moral damages in software infringement case

Generative AI and copyright: Convergence of opt-outs?

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

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

EU copyright law round up – fourth trimester of 2021

What is the Copyright Status of AI Generated Works?

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

The Resolution of the European Parliament on protection of live sport events

Stay Connected