TorrentFreak

MARCH 22, 2024

. “DoodStream operates a partner program that offers financial remuneration, either per download or stream depending on the country of origin,” the MPA informed the USTR in its ‘notorious markets’ submission. ” “The operators are located in India,” the MPA informed the USTR.

Reporting 100

Reporting Intellectual Property Designs Design 100

Kluwer Copyright Blog

DECEMBER 20, 2022

However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific related right under Section 72 of the UrhG. By contrast, the author of a simple photograph is not granted any moral right.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

The IPKat

JULY 15, 2024

Pestana, where it already held that Directive 93/83 only governs the exercise of the cable retransmission right in the relationship between copyright owners and holders of related rights, on the one hand, and ‘cable operators’ or ‘cable distributors’, on the other, and that these concepts designate the operators of traditional cable networks.

Licensing 67

Licensing Television Marketing Marketing 67

Kluwer Copyright Blog

FEBRUARY 12, 2023

The reason is that, as noted below, the Directive provides that IMEs can be in charge of the collective management of copyright and related rights and that, inter alia , “ right holders should be free to entrust the management of their rights to independent management entities.”

Copyright 64

Copyright Law Marketing Marketing 64

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 98

Related Rights Licensing Law Copyright 98

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property 52

Intellectual Property Intellectual Property Law Related Rights Registration 52

IP and Legal Filings

NOVEMBER 30, 2022

By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. By 2050, the predicted $0.5 The RCEP offers a chance to expand agricultural exports in terms of production, processing, and exports.

Intellectual Property 69

Intellectual Property Marketing Marketing IP 69

SpicyIP

JANUARY 12, 2022

It had to adopt a nuanced approach of not abandoning the principles of balance it had long espoused and at the same time support efforts to strengthen protection in the digital medium in a manner that would not constrict its choices as digital technologies and markets evolve.

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

Kluwer Copyright Blog

JUNE 28, 2022

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

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 89

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

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.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

JUNE 13, 2024

These overall aims also include the protection of copyright and related rights. 85 AI Act only sets out a “right to lodge a complaint with a market surveillance authority”, and recital 170 AI Act suggests that this right exhausts the available remedies available to private parties. 34 and 35 DSA).

Copyright 76

Copyright Copyright Law Art Copyright Infringement 76

IIPRD

NOVEMBER 23, 2022

What kinds of IP related rights would apply to quantum computing technology? This article will provide the holistic view of the current framework of IP and its related rights and how would it balance the interests of innovators/stakeholders and the interest of public. UNDERSTANDING QUANTUM COMPUTING TECHNOLOGY.

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

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 58

IP Public Domain Copyright Intellectual Property 58

Technology & Marketing Law Blog

JANUARY 3, 2023

Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers. ” The post 2H 2022 Quick Links, Part 3 (Copyrights and More) appeared first on Technology & Marketing Law Blog.

Copyright 94

Copyright Social Media Copyright Infringement Publishing 94

Kluwer Copyright Blog

MAY 1, 2024

Two alternatives for the Court are interpreting Article 2(7) to mandate material reciprocity, preventing internal market issues, or declaring Member States’ application compatible with Union law, whether they apply material reciprocity or offer unreserved national treatment to works of applied art based on Article 19 of the Berne Convention.

Copyright 64

Copyright Art Designs Design 64

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. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

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.

Licensing 92

Licensing Related Rights Registration Publishing 92

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. While a very valid concern, underpinning all market failure arguments essential to the smooth functioning of any IP regime, these are not the only important rationales.

IP 67

IP Inventor Invention Intellectual Property 67

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.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

DECEMBER 14, 2022

By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes.

Copyright 102

Copyright Cease and Desist Fair Use Publishing 102

Selvam & Selvam Blog

SEPTEMBER 7, 2023

This leads to the question – Is it essential for businesses targeting the Indian market to register their trademark as a well-known trademark? THE BENEFITS OF A WELL-KNOWN TRADEMARK STATUS IN INDIA: In India, to date, there are 117 trademarks registered as well-known trademarks , including Cartier, Whirlpool, and Kit Kat.

Trademark 52

Trademark Registration Intellectual Property Business 52

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 114

Intellectual Property IP Registration Copyright 114

Kluwer Copyright Blog

APRIL 5, 2022

This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. The report states that the global recorded music market grew with 18.5%

Copyright Law 58

Copyright Law Copyright Law Music 58

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 40

IP Intellectual Property Invention Copyright 40

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music 55

Music Copyright Related Rights Ownership 55

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 98

Licensing Related Rights Publishing Higher Education 98

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). because there is no public access regime that applies, or because third parties own intellectual property rights.

Government 55

Government Database Right Intellectual Property Copyright 55

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]

IP 52

IP Copyright Art Related Rights 52

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.

Television 52

Television Copyright Blogging Law 52

The IPKat

APRIL 8, 2023

Other Italian and foreign copyright and related rights collecting societies have also claimed that their music catalogues were taken down illegitimately and have requested Meta to restore their music on the relevant services. SIAE claims that Meta did not negotiate transparently. It could test the applicability of Art. 17 (4), a).

Music 127

Music Art Copyright Related Rights 127

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

The IPKat

DECEMBER 3, 2023

The Congress is aimed at discussing six main topics and their relation to the Metaverse: the European Digital Acts, the Legal Status of Avatars and Digital Identity, Privacy and Personal Data Protection, Content and Conduct Moderation, Virtual Worlds as Markets and Cybersecurity. The deadline is set on the 20 December 2023.

Privacy 64

Privacy Copyright Related Rights Marketing 64

Kluwer Copyright Blog

DECEMBER 18, 2022

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. The Croatian legislator’s response to this criticism was quite underwhelming.

Moral Rights 101

Moral Rights Publishing Licensing Copyright 101

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 52

Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

JUNE 27, 2023

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 related rights”.

Art 102

Art Contracts Publishing Licensing 102