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Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and RelatedRights 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 relatedrights as a basis.
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.
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.
We have recently published a white paper , authored by Julia Reda ( Gesellschaft für Freiheitsrechte ) and Paul Keller ( Open Future ) that proposes to build a public repository of Public Domain and openly licensed works. This provision was added later in the negotiations to address widespread criticism from civil society and academia.
Finally today, Chhun Sunly at the Khmer Times reports that, in the nation of Cambodia, the government is encouraging authors to report issues of copyright infringement to the local police, not the Department of Copyright and RelatedRights (DCRR). The post 3 Count: Time’s Side appeared first on Plagiarism Today.
The rapid change and uncertainty in the realm of AI and copyright raises the inevitable question of how to legally enable users to access high quality and compliant materials for use in AI systems, given the variability and attendant uncertainty about the scope of rights and exceptions and limitations.
The IPKat has received and is pleased to host the following contribution by former GuestKat Mirko Brüß (Brüß Law) analyzing two recent decisions of the Court of Justice of the European Union (CJEU) on the evergreen right of communication to the public. Here’s what he writes: CJEU: New licensing rules for the provision of guest TVs in Germany?
Topics include the evolution of the performers’ rights in the UK, through to all key aspects of the rights, such as subsistence, duration, ownership, licensing, remuneration, infringement, and exceptions. There is also a chapter on performers’ rights around the world, covering international treaties and specific countries.
It is thus clear that TDM does matter - but what should its relationship with copyright and relatedrights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.
15 of DSM Directive introduced a relatedright for press publishers to control the online uses of their press publications by information society service providers (ISSPs). They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation.
Whether the government has taken any steps to address concerns raised by creative writers and artists in their lawsuits against AI-powered Large Language Models, especially regarding issues such as the source of training, systematic theft, violation of moral rights, threat to livelihoods, and royalty payment.
The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). IPKat here ].
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…). The licenses may cover all the same uses covered by the limitation.
However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any relatedrights were retained and not granted upon purchase. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.
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 relatedrights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.
The dispute still isn’t settled, but after DAZN reportedly paid an estimated 70 million in licensing fees owed for February alone, one aspect of the current crisis was at least kicked a little further down the road. The scope of potential punishments appears to leave prosecutors and the courts with plenty of room for maneuver.
In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and relatedrights”.
And it’s published under a creative commons license, with the text available on his website here. ” Interestingly, it turns out that our very own Prashant Reddy seems to have been a trigger for the writing of the book!
Of course, this does not affect some restrictions on using someone's programs, but it is just a matter of choosing the proper license (e.g., In the interim, at least, relatedrights, trade secrets, or protection against unfair competition, might provide some helpful alternatives. [A Disco Diffusion under MIT and Apache 2.0 ).
There is a shared interest in ensuring that AI companies have legal routes to license content in the quantity required by this revolutionary technology. Jurisdiction According to the EU AI Act and its Recital 106 providers of general-purpose AI models should put in place a policy to comply with Union law on copyright and relatedrights.
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.
The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. The defendant operated the platform based on license agreements with TV channel operators. The claimant is the owner of the copyright in several TV shows broadcast on the relevant TV channels.
On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and relatedrights in the Digital Single Market. Service providers should put their “best efforts” to not only license the content shared on their websites, but also prevent the reuploading of content banned by notice and takedown procedures.
Cat in the Box " by admiller is licensed under CC BY 2.0. TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. But for how long will UK-based rights continue to play a role in deciding EU trade mark disputes? One week is over and the next one has just begun.
WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and RelatedRights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.
Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3 9] (a) Art.
These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. cross-border transfer of personal data. electronic data deletion.
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 relatedright. These licensing schemes only cover professional journalists and photographers.
With the adoption of both the Directive on Copyright and RelatedRights 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.
However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and RelatedRights (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.
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. Legislative Initiatives.
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.
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).
In-person event on standard essential patents (SEPs) in Turin The Italian branch of the Licensing Executives Society (LES) is holding a one-day event on SEPs and their upcoming reform. The event will take place on February 27 and the registration is available here. The conference, to be held in Italian, will take place in Turin on February 5.
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.
This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and RelatedRights 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).
. • 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.
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 RelatedRights in Digital Single Market.
It could be copyright infringement to continue serving photos from servers after the license expired. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. . * Evox Productions, LLC v. Verizon Media, Inc., 2K Games, Inc. ,
The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and RelatedRights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).
Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 12 DSM Directive). 12 DSM Directive).
It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.
EUI - Florence Patent Licensing Academy - 3 to 6 October 2022 - Florence, Italy and online The Florence Patent Licensing Academy is organised by the Florence Competition Programme and the Florence School of Regulation – Communications and Media of the European University Institute. For more information and to register, click here.
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.
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