Marketing, Publishing and Related Rights - Intellectual Property Pulse

[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.

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’.

The EU AI Act has been published

The IPKat

JULY 12, 2024

This Regulation ensures the free movement, cross-border, of AI-based goods and services, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation ”. This sprawling regulation comprises 180 recitals and 113 articles.

Publishing

Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

Kluwer Copyright Blog

SEPTEMBER 2, 2024

The objective was to assess the national implementations of the two articles for compliance with the internal market objective of the CDSMD and with the EU’s law of fundamental rights. Finland , Lithuania and Slovenia omit the restriction of the press publishers’ right to online uses.

Reporting

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

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.

Publishing

Publishing Copyright Related Rights Law

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

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

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

Kluwer Copyright Blog

DECEMBER 17, 2024

It is a job with lots of responsibility, joys, surprises and disappointments, but one thing is for sure publishing is a big part of our workload. To that end, we work very closely with academic publishers. One such topic is academic publishing and genAI deals between publishers and tech companies.

Publishing

Publishing Reporting Branding Brands

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

The IPKat

SEPTEMBER 26, 2024

In so doing, the Belgian legislator arguably went beyond what was required by the Directive and introduced new statutory remuneration rights for authors and performers. Press publishers’ right (Arts. 216/1 (case no. 216/2 (cases nos. 7922 and 7925), XI.228/4 228/4 (cases nos. 7922 and 7927), chapter 4/2 (cases nos. 216/1 and XI.216/2)

Publishing

Publishing Art Licensing Confidentiality

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. 3, second sentence UrhG. More from our authors: Law of Raw Data.

Related Rights

Related Rights Law Copyright Copying

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 Italian press publishers’ “creative” negotiation and licensing scheme. Image via needpix. Article 43bis l.aut.

Publishing

Publishing Law Contracts Licensing

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

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 Italian press publishers’ “creative” negotiation and licensing scheme. Image via needpix. Article 43bis l.aut.

Publishing

Publishing Law Contracts Licensing

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

Technology & Marketing Law Blog

JANUARY 3, 2023

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. UMG Recordings, Inc., 2022 WL 17744001 (SDNY Aug.

Copyright

Copyright Social Media Copyright Infringement 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

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 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

Licensing Related Rights Publishing Law

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

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Kluwer Copyright Blog

DECEMBER 1, 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 OCSSPs (“online content-sharing services providers”).

Reporting

Reporting Marketing Marketing 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. The UKIPO has since been speaking with specific stakeholders.

Copyright

Copyright Art Fair Use Registration

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. The law is silent regarding the possibility of transferring and waiving this right, which suggests such possibilities to be lawful. Museu do Azulejo by G.P.

Art

Art Contracts Publishing Licensing

The journalists’ share

Kluwer Copyright Blog

JULY 11, 2024

Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. In Greece , the percentage depends on the proportion of journalists employed by a publisher, compared to those involved on casual basis.

Publishing

Publishing Art Journalism Copyright

‘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

Member States referred to the CJEU for failure to transpose copyright directives into national law

Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

Copyright

Copyright Law Editing Related Rights

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

Kluwer Copyright Blog

MAY 26, 2022

The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. The Directive entered into force in June 2019 and had to be transposed by Member States by 7 June 2021.

Law

Law Intellectual Property Related Rights Art

EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

APRIL 5, 2022

Article 35 of the proposed Regulation states that “in order not to hinder the exercise of the right of users to access and use such data […] the sui generis right provided for in Article 7 of Directive 96/9/EC does not apply to databases containing data obtained from or generated by the use of a product or a related service.”.

Copyright Law

Copyright Law Copyright Law Music

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

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

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Kluwer Copyright Blog

OCTOBER 23, 2024

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA). [1] In those six Member States where SPRs do exist, the rules regarding the conditions and scope of the right vary considerably.

Publishing

Publishing Journalism Copyright Editing

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Kluwer Copyright Blog

DECEMBER 14, 2022

In this blog post, based on a recently published article , I assess this lesser-explored exception and call for its wider implementation and expansive interpretation by EU member states. . It is often prepared and published by either the original equipment manufacturers (OEMs) or third-party publishers. Image by Annie Spratt.

Copyright

Copyright Cease and Desist Fair Use Publishing

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

NOVEMBER 11, 2021

Indeed, the Spanish transposition of the CDSM Directive , which was approved overnight by means of a Government Decree published on the 3 rd of November and which entered into force the following day, came with some surprises, including an apparent carve out from the liability exemption granted in Art. 17(4) of the CDSMD.

Art

Art Law Intellectual Property Intellectual Property Law

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

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. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Image source: iStock]. Conclusion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

The IPKat

SEPTEMBER 19, 2022

One such example relates to the blocking of content pending the resolution of a complaint. The reason is of course the level and intensity of the discussion that it attracted during the legislative process which, in turn, contributed to making its content more complex and detailed than the original European Commission's proposal.

Art

Art Copyright Law Related Rights

Portugal strengthens copyright protection on the Internet

Garrigues Blog

DECEMBER 14, 2021

Portuguese Law 82/2021 has been published on November 30, dealing with the supervision, control, removal and impediment of access in a digital environment to protected content, trying to make it a safer and more regulated place for right holders.

Copyright

Copyright Related Rights Ownership Law

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 to know more. More information is available here.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

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

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Kluwer Copyright Blog

FEBRUARY 12, 2023

148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. Following the reform, other CMOs are allowed to manage copyright on behalf of authors and publishers. 633 of 1941).

Copyright

Copyright Law Marketing Marketing

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

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

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

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs that do not meet the abovementioned creativity threshold do not automatically fall in the public domain, but are protected by a related right as simple photographs. Photo by Soragrit Wongsa on Unsplash.

Copyright

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

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

Trending Sources

The EU AI Act has been published

Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

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

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

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

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

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

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

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

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

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

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

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

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

EU copyright law round up – fourth trimester of 2021

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

AI and copyright in 2022

A summary look at the Portuguese transposition of the CDSM Directive

The journalists’ share

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

Member States referred to the CJEU for failure to transpose copyright directives into national law

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

EU copyright law round up – first trimester of 2022

Establishment and operation of CMOs in Greece

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

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Advocate General’s Considerations on Article 17

Protection of Nonfungible Tokens in Indonesia

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

Portugal strengthens copyright protection on the Internet

Friday Fantasies

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

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

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

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Top 10 Posts on the Kluwer Copyright Blog in 2022

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

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

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