SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . European Union and Australian Approach for Press Publishers’ Interest.

Publishing 105

Publishing Marketing Marketing Advertising 105

TorrentFreak

JANUARY 22, 2023

An EU assessment published early 2021 identified many areas in need of attention ( pdf ). ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned. Back in Moldova, rightsholder groups were moving ever closer to boiling point.

Copyright Law 139

Copyright Law Music Law Copyright 139

Kluwer Copyright Blog

SEPTEMBER 2, 2024

The Finnish implementation does not limit the users targeted by the press publishers’ right to ISSPs. Finland , Lithuania and Slovenia omit the restriction of the press publishers’ right to online uses. The national expert Tuomas Mylly reports that this, strangely, seems to be the result of oversight.

Reporting 133

Reporting Related Rights Publishing Copyright 133

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 ". Audible Magic ).

Technology 119

Technology Publishing Social Media Intellectual Property 119

The IPKat

JANUARY 29, 2025

This said, we are eagerly waiting for your votes and invite you to consult our most recent book reviews if you are need to refresh your memory on what was published in 2024! Please remember that, just as in previous years, only one vote per person is allowed. , The IPKat does not disclose nominations until the voting ends.

Social Media 59

Social Media Intellectual Property Related Rights Publishing 59

The IPKat

OCTOBER 25, 2023

The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021. This is because ONB musicians have the status of “agents statuaires”, a figure close to civil servants, and their rights shall be primarily governed by a statute.

Related Rights 130

Related Rights Art Journalism Government 130

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 52

Related Rights Law Copyright Copying 52

The IPKat

AUGUST 24, 2021

The proposed Italian press publishers’ right One of most visible examples of the above is the proposed Italian transposition of Article 15 (the press publishers’ right. The Italian Copyright Act, in fact, already provided that the publisher of a collective work, as is a newspaper, enjoys the right to exploit such work.

Publishing 133

Publishing Copyright Related Rights Law 133

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es.

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

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 129

Publishing Art Licensing Confidentiality 129

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 130

Copyright Publishing Journalism Art 130

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). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing 59

Publishing Law Contracts Licensing 59

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 145

Intellectual Property Publishing Copyright Technology 145

The IPKat

JANUARY 21, 2022

The first edition was published in 1990 and it is now in its 6th edition, updated from its previous version which was published in 2015. In addition, the book contains chapters on related rights such as moral rights, civil and criminal proceedings, contracts and other forms of protection.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

TorrentFreak

MARCH 24, 2025

With amendments to Article 10, the bill introduces specific offenses based on the offense of copyright infringement and related rights provided for by the Intellectual Property Code. This is most evident where sentences for copyright offenses are perceived to be less punitive than those available for crimes like fraud, for example.

Advertising 62

Advertising Advertising Marketing Marketing 62

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 105

Moral Rights Publishing Licensing Copyright 105

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). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing 52

Publishing Law Contracts Licensing 52

The IPKat

DECEMBER 1, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP). Rules of Voting Only ONE vote per person.

Social Media 122

Social Media Intellectual Property Intellectual Property Law Related Rights 122

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 121

Copyright Law Law Copyright Reporting 121

TorrentFreak

SEPTEMBER 20, 2023

Video sharing sites, media platforms and other services registered in accordance with the Law of Ukraine “On Media” cannot be included in Ukraine’s national advertising blacklist.

Advertising 127

Advertising Advertising Law Intellectual Property 127

TorrentFreak

DECEMBER 13, 2021

“It is understood that these resources are public and controlled by legal entities, which in case of violation of copyright or related rights may act as defendants in court,” the proposals read. Examples include government sites, online media sources, social networks and legitimate video platforms.

Related Rights 145

Related Rights Copying Copyright Government 145

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. Wright v.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.

Government 141

Government Related Rights Copyright Law 141

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 106

Art Contracts Publishing Licensing 106

Kluwer Copyright Blog

JULY 11, 2024

15(5) CDSM Directive, journalists, or to be more accurate, authors of works included in press publications, are entitled to receive an appropriate share of the revenues press publishers collect from platforms for online use of their publications. Pursuant to art. And among those that did, the share varies quite significantly.

Publishing 82

Publishing Art Journalism Copyright 82

TorrentFreak

MAY 12, 2023

” Hollywood studios and publishers of Japanese anime and manga have long complained of difficulties enforcing their rights in Vietnam. Hosting ISPs must develop tools to receive requests for content to be removed or blocked, when that content infringes on copyright and/or related rights.

Intellectual Property Law 140

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 140

TorrentFreak

DECEMBER 16, 2022

As reported in February 2022, notices published on the Lumen Database referenced well over one hundred pirate sites, all of which had been previously blocked for copyright infringement under the orders of the High Court in London. Voluntary Deindexing Confirmed Elsewhere in Europe.

Publishing 109

Publishing Television Government Copyright 109

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. The post is published under a Creative Commons Attribution 4.0 Image by Mediamodifier from Pixabay.

Copyright 112

Copyright Ownership Journalism Publishing 112

TorrentFreak

JANUARY 16, 2024

In a report published this week, BREIN said the VR worlds specifically catered to pirates, offering thousands of links to pirated streams, which could be enjoyed through VR headsets. “By addressing this at an early stage, BREIN prevents the normalization of misuse of VR technology for infringement of copyright and related rights.

Cinema 123

Cinema Related Rights Technology Reporting 123

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 82

Publishing Journalism Copyright Editing 82

TorrentFreak

JANUARY 10, 2024

Police say Huy and Nhan were tasked with downloading, editing and distributing movies, but offered no specific details in relation to that work. Images of all three men have since been published online, but the main focus is on alleged ringleader, Phan Ngoc Tuan.

Advertising 120

Advertising Advertising Reporting Copying 120

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 105

Copyright Copyright Law Due Diligence Law 105

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 98

Licensing Publishing Related Rights Law 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). The UKIPO has since been speaking with specific stakeholders.

Copyright 145

Copyright Art Registration Fair Use 145

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 106

Copying Copyright Law Copyright Social Media 106

Kluwer Copyright Blog

SEPTEMBER 23, 2021

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.

Public Domain 106

Public Domain Licensing Copyright Related Rights 106

Kluwer Copyright Blog

DECEMBER 28, 2021

The European Audiovisual Observatory (“EAO”) has recently published the Mapping report on national remedies against online piracy of sports content (“Report”), conducted at the request of the European Commission. Image by Marco Verch under Creative Commons 2.0.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52