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 52

Reporting Marketing Marketing Copyright 52

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). Targeted users.

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994. b) entitled CMOs in a proportion determined by the provisions of the Act.

Copying 55

Copying Law Related Rights Copyright Law 55

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 63

Copyright Law Editing Related Rights 63

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art 85

Art Law Related Rights Marketing 85

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

TorrentFreak

APRIL 22, 2024

The subscription platform has been repeatedly called out as a notorious piracy market by the US Trade Representative, as recently as this year. The defendant has violated the provisions of the law which protect the copyright and related rights of the Motion Picture Association’s members and the English Premier League,” Judge Le Hai Yen said.

Branding 113

Branding Branding Brands Related Rights 113

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

Garrigues Blog

DECEMBER 14, 2021

There is a need for strong, clear and effective EU and national legal frameworks on copyright and related rights protection, but these frameworks should also avoid contributing to the digital environment becoming, as is feared, an over-regulated, censored place.

Copyright 52

Copyright Related Rights Ownership Law 52

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 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.

Law 58

Law Intellectual Property Related Rights Art 58

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 Publishing Related Rights Law 98

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

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

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 112

Reporting Intellectual Property Designs Design 112

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 63

Copyright Law Marketing Marketing 63

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

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

The IPKat

SEPTEMBER 26, 2024

15 of DSM Directive introduced a related right 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.

Publishing 125

Publishing Art Licensing Confidentiality 125

Kluwer Copyright Blog

MAY 31, 2022

It is worth noting, however, that this decision was rendered before Austria transposed the EU Directive on copyright and related rights in the Digital Single Market 2019/790 of 17 April 2019 into national law. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

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

43(B)log

FEBRUARY 4, 2022

17 Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) with a new Act on the Copyright Liability of Online Content Sharing Service Providers (OCSSP Act), which entered into force on 1 August 2021. The Impact of the German Implementation of Art. Abstract: Germany transposed Art.

Art 45

Art Related Rights Copyright Marketing 45

The IPKat

SEPTEMBER 4, 2024

Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. AGA Rangemaster Group Limited (AGA) objected to the sales and marketing activities of a company, which sold second-hand AGA cookers retrofitted with an electronic control system. 3(1)(g) TMD2 to the CJEU.

Personality Rights 56

Personality Rights IP Copyright Art 56

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 79

Intellectual Property Marketing Marketing IP 79

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. Tugce Kucukali is an IPilogue Writer and incoming LL.M. Candidate at University of British Columbia. .

Copyright 105

Copyright Copyright Law Due Diligence Law 105

Kashishipr

NOVEMBER 10, 2021

Where it is known as compulsory licensing in reference to patents, it is known as statutory licenses in reference to copyright and related rights. Creation of Gray Markets : Creating a local chain of supply may lead to the creation of grey markets.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

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

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 96

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

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

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

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.

Intellectual Property 64

Intellectual Property Intellectual Property Law Contracts IP 64

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 136

Intellectual Property Publishing Copyright Technology 136

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 105

Copyright Related Rights Copyright Infringement Marketing 105

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) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting 52

Reporting Music Related Rights Licensing 52

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

The IPKat

MAY 31, 2022

The Commission urges the above Member States to fully transpose the Directive into national law, for which the transposition deadline was June 2021.

Blogging 73

Blogging Non-Fungible Tokens IP Reporting 73

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 Government 52