Reference and Related Rights - Intellectual Property Pulse

CJEU has received first reference on DSM Directive

The IPKat

OCTOBER 25, 2023

The referred questions in C-575/23 are not yet available officially but may be accessed in the materials of the national Belgian case that has given rise to the request. 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.

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. In the second case, the referred questions (freely translated and shortened from the German original) are the following: 1. 2(a) and (e) and Art.

Television

Television Art Advertising Advertising

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

The IPKat

SEPTEMBER 26, 2024

The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU). Their claims and the corresponding questions referred to the CJEU are detailed below. Press publishers’ right (Arts. 216/1 (case no. 216/2 (cases nos. 7922 and 7925), XI.228/4 228/4 (cases nos. 7924 and 7927), XI.228/10

Publishing

Publishing Art Licensing Confidentiality

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.

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

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

Kluwer Copyright Blog

SEPTEMBER 2, 2024

Belgium and Croatia , like France and Hungary before them, offer no explicit protection for the holders of related rights over subject matter incorporated in press publications. The Czech Republic and Croatia provide no protection from the press publishers’ right for works or other subject matter for which protection has expired.

Reporting

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

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

Publishing Copyright Related Rights Social Media

Pirate Site Blocking is Making its Way Into Free Trade Agreements

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

Intellectual Property Government Copyright Reporting

Advertising on Pirate Sites Outlawed in Ukraine Under New Law

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

Advertising Advertising Law Intellectual Property

UK Government axes plans to broaden existing text and data mining exception

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

Government Related Rights Copyright Law

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

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

Art Law Intellectual Property Intellectual Property Law

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

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

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

Transposing the DSM Directive: the draft Swedish implementation of Article 17

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

Government Copyright Related Rights Law

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

The IPKat

AUGUST 24, 2021

The European Commission correctly reasoned along these lines, though with reference to Article 17. Such definition does not feature in the text of the Directive. Whether something is or not a very short extract should be left to a case-by-case assessment. Are national legislatures entirely to blame for this? In fairness, not.

Publishing

Publishing Copyright Related Rights 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

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

Art Copyright Law Related Rights

Can someone’s face be a trade mark?

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

Copyright Registration Intellectual Property Related Rights

Uptobox Bid to Resurrect File-Storage Service Fails in French Court

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

Reporting Copyright Related Rights Copyright Infringement

EU copyright law round up – third trimester of 2022

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

Copyright Law Copyright Law Music

[Guest Post] The African Group’s Proposal on a Work Program on Limitations and Exceptions Moves Forward in WIPO’s Committee on Copyright

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

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

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

Music Copyright Copyright Infringement Moral Rights

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

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

Law Intellectual Property Related Rights Art

Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

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

Intellectual Property Law Intellectual Property Editing Related Rights

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

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

Licensing Television Marketing Marketing

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

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

Copying Copyright Law Related Rights

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

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

Publishing Journalism Copyright Editing

Protection of Nonfungible Tokens in Indonesia

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

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

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…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

Licensing

Licensing Related Rights Publishing Law

Book review: Guidebook to Intellectual Property + discount code

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

Intellectual Property Moral Rights Database Right Editing

EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

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

Copyright Infringement Copyright Law Journalism

EU copyright law round up – first trimester of 2022

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

Copyright Law Copyright Law Music

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 Law Copyright Reporting

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. 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

Publishing Art Journalism Copyright

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

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. 39 with further references).

Art

Art Law Related Rights Marketing

‘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

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

It is possible to assess the damage suffered by the author under the unfair contract by reference to the practices of the sector (Court of Appeal of Paris, 15 May 1987). The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no.

Contracts

Contracts Intellectual Property Cinema Copying

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

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

Reporting Marketing Marketing Copyright

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

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

Copyright Law Art Copyright Law

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

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

Non-Fungible Tokens IP Ownership Contracts

Understanding Compulsory Licensing and Access to Essentials

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.

Licensing

Licensing Invention Intellectual Property Marketing

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive.

Copyright

Copyright Fair Use Publishing Reporting

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

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

Copyright Law Marketing Marketing

Kluwer Copyright Blog

OCTOBER 7, 2021

The Stichting Brein preliminary reference related to the liability of an operator of a platform for Usenet services for communication to the public, while the Puls 4 TV reference concerned the application of the hosting safe harbour to online video platforms. Austro-Mechana, AG Hogan, C-433/20. Coming soon and latest referrals.

Copyright Law

Copyright Law Copyright Law Television

Collective management of copyright and neighbouring rights in Greece

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

Copyright Related Rights Television Law

CJEU has received first reference on DSM Directive

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

Trending Sources

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

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

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

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

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

Pirate Site Blocking is Making its Way Into Free Trade Agreements

Advertising on Pirate Sites Outlawed in Ukraine Under New Law

UK Government axes plans to broaden existing text and data mining exception

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

Establishment and operation of CMOs in Greece

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Transposing the DSM Directive: the draft Swedish implementation of Article 17

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

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

Can someone’s face be a trade mark?

Uptobox Bid to Resurrect File-Storage Service Fails in French Court

EU copyright law round up – third trimester of 2022

[Guest Post] The African Group’s Proposal on a Work Program on Limitations and Exceptions Moves Forward in WIPO’s Committee on Copyright

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

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

Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Protection of Nonfungible Tokens in Indonesia

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

Book review: Guidebook to Intellectual Property + discount code

EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

EU copyright law round up – first trimester of 2022

EU copyright law round up – fourth trimester of 2021

The journalists’ share

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

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

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

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

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Understanding Compulsory Licensing and Access to Essentials

Generative AI and copyright: Convergence of opt-outs?

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

EU copyright law round up – third trimester of 2021

Collective management of copyright and neighbouring rights in Greece

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