Kluwer Copyright Blog

OCTOBER 23, 2024

Available from: [link] ; [accessed on 09/10/2024] [3] Caso, Roberto & Dore, Giulia, Academic copyright, open access and the “moral” second publication right (2021). See also “ ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules ” (2022). [5]

Publishing 73

Publishing Journalism Copyright Editing 73

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.

Copying 55

Copying Law Related Rights Copyright Law 55

The IPKat

JULY 15, 2024

Both decisions are based on questions referred by German courts and call into question the established German case law in that area and the known general licensing practice of the collective management societies based on it. In particular the CJEU refers to its fundamental decision in C-716/20 RTL Television./. Citadines./.

Licensing 67

Licensing Television Marketing Marketing 67

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing 122

Publishing Copyright Related Rights Social Media 122

TorrentFreak

SEPTEMBER 20, 2023

The amendments relating to online advertising are considerable but of particular interest is a section that outlaws placement of advertising on pirate platforms, in clearly defined circumstances. Law of Ukraine No.

Advertising 114

Advertising Advertising Law Intellectual Property 114

Kluwer Copyright Blog

MAY 26, 2022

Otherwise, the Commission may decide to refer these Member States to the Court of Justice of the European Union, which has the power to impose financial sanctions. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. by Alexander Puutio. €

Law 58

Law Intellectual Property Related Rights Art 58

TorrentFreak

NOVEMBER 11, 2024

According to AGCOM, DAZN’s evidence was supported by a declaration that the reported domain names are “unequivocally intended for the violation of copyright or related rights of audiovisual works,” including sporting events broadcast live. Those FQDN subdomains are not blocked.

Reporting 102

Reporting IP Law Related Rights 102

TorrentFreak

MAY 8, 2022

b) the services of the ISP are used by a third party to infringe copyright or related rights in the territory of that Party. However, it specifically references a report from the U.S. ” The Alliance for Intellectual Property doesn’t mention any other countries by name.

Intellectual Property 140

Intellectual Property Government Copyright Reporting 140

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

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

Kluwer Copyright Blog

DECEMBER 1, 2022

As opposed to Article 15 CDSMD, Article 17 CDSMD does not introduce a new related right to EU copyright law. Instead, it expands the protections already afforded by copyright and related rights law. To the extent that such rights fall outside of the EU acquis such gold-plating is arguably unproblematic.

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

MARCH 24, 2022

The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.

Intellectual Property Law 61

Intellectual Property Law Intellectual Property Editing Related Rights 61

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. A dispute in Malta can be referred to the Copyright Board, and one in the Netherlands , to the Dispute Committee. While it is art.

Publishing 73

Publishing Art Journalism Copyright 73

TorrentFreak

AUGUST 13, 2024

ALPA further found that in a random sample of 25,504 active French-language links that were available in February 2023, the majority (84%) “referred to infringing works”. While the uploaded content could indeed be removed, the representative was able to re-upload the same content later, without any countermeasures.

Reporting 104

Reporting Copyright Related Rights Copyright Infringement 104

The IPKat

MARCH 18, 2023

As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts. The second part focuses on protecting products through patents and industrial design.

Intellectual Property 75

Intellectual Property Moral Rights Database Right Editing 75

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. Through this post you can have a better understanding of reproduction under copyright and related rights , quotation and pastiche , artists’ contracts and internet piracy as well as the Creation Records case.

Personality Rights 56

Personality Rights IP Copyright Art 56

Kluwer Copyright Blog

NOVEMBER 11, 2021

If such a question is ever referred to the CJEU, the odds are that the referring court will be a Spanish one. The language is not perfectly clear, but it arguably refers to situations where an OCSSP meets all the requirements set forth in Art. 17(4) of the CDSMD. While the liability exemption in Art.

Art 112

Art Law Intellectual Property Intellectual Property Law 112

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Image Source: Shutterstock]. ” The composer of a musical composition is the exclusive owner of the work’s copyright.

Music 91

Music Copyright Copyright Infringement Moral Rights 91

LexBlog IP

AUGUST 30, 2023

Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral). Compensation presupposes culpability and infringement of IP (or related rights) (i.e., Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (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.

Government 52

Government Copyright Related Rights Licensing 52

Kluwer Copyright Blog

APRIL 5, 2022

The AG held that the notion refers to the retransmission of a primary transmission by cable distributors, who carry out such retransmission as professional operators in the context of a conventional cable network. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

Copyright Law 58

Copyright Law Copyright Law Music 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

NOVEMBER 15, 2022

In April 2021, the Austrian Supreme Court referred two questions of principle to the CJEU concerning the activity of a satellite TV package provider (Austrian Supreme Court, 4Ob195/20k ). However, according to the Supreme Court, this result is not without doubt therefore it has referred the first question to the CJEU.

Copyright 52

Copyright Music Intellectual Property Related Rights 52

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

Copyright 103

Copyright Related Rights Reporting Intellectual Property 103

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection.

Non-Fungible Tokens 96

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. By judgment of 8 April 2019, the UCMR – ADA’s action was upheld.

Music 52

Music Television Copyright Related Rights 52

Kluwer Copyright Blog

SEPTEMBER 8, 2024

The possibility of linking such data with files containing information that reveals the title of protected works, in cases where the same person repeats an activity infringing copyright or related rights, must be subject to review by a court or an independent administrative body.

Privacy 55

Privacy Copyright IP Copyright Infringement 55

Kluwer Copyright Blog

OCTOBER 3, 2022

This is a preliminary reference from the Portuguese Supereme Court, which interprets the notion of “cable restransimission”. You can read the previous round-ups here. CJEU judgments and AG Opinions. RTL Television, Court of Justice, C-716/20. On 8 September 2022, the CJEU issued its judgment in RTL Television.

Copyright Law 109

Copyright Law Copyright Law Music 109

The IPKat

SEPTEMBER 19, 2022

Secondly, in its earlier case law ( Spiegel Online ; Funke Medien ), the CJEU held that users are not entitled to invoke directly the application of the EU Charter rights and freedoms lacking a specific copyright exception or limitation at both the EU level and in the applicable national law adopted in compliance with EU law.

Art 135

Art Copyright Law Related Rights 135

LexBlog IP

AUGUST 4, 2021

Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Further, they have the right to choose whether they will join a Greek or a foreign organisation, and if so, which CMO that will be.

Copyright 52

Copyright Related Rights Television Law 52

The IPKat

DECEMBER 29, 2022

In all this, it is to be borne in mind that the likeness of a famous person may be indeed used as the subject of goods and services (as per the above), rather than as their indicator of commercial origin (the Office referred to the 2008 decision of the German Federal Court of Justice in Marlene Dietrich ).

Copyright 145

Copyright Registration Intellectual Property Related Rights 145

Kluwer Copyright Blog

JANUARY 23, 2024

The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).

Copyright Infringement 120

Copyright Infringement Copyright Law Journalism 120

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

However, in the Intellectual Property policy framework, traditional knowledge refers to the knowledge related to medical, environmental and biological resources. The legal doctrines involved are closely related to copyrights and related rights systems. Why is their protection important?

Intellectual Property 52

Intellectual Property Public Domain Music IP 52

Kluwer Copyright Blog

JANUARY 18, 2023

The reference in Section 60b(2) UrhG has been updated accordingly. What exactly the term “pastiche” refers to is unclear. While in literature and linguistics the imitation of a particular style is known as a “pastiche”, this understanding cannot be applied in the same way in relation to copyright matters.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

The IPKat

SEPTEMBER 26, 2021

Ultimately, the CJEU ruled that, lacking a licence to communicate/make available to the public TV programmes outside of the relevant territory (in that case: Italy), the provider of a cloud-based recording service would be in itself infringing copyright and related rights. Let’s see a bit more in detail how AG Hogan reasoned.

Copying 98

Copying Copyright Law Related Rights 98

The IPKat

NOVEMBER 9, 2021

In any case, the reference to “high industry standards of professional diligence” is made in the preparatory works that are part of the memorandum which Swedish courts frequently seek guidance in.

Government 137

Government Copyright Related Rights Law 137

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. The same holds true for parody and caricature.

Copyright Law 83

Copyright Law Art Copyright Law 83