2017 and Related Rights - Intellectual Property Pulse

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

NOVEMBER 22, 2021

Related rights. In addition to rights of the author, German copyright law also recognises related rights. The BGH issued a decision on this point in 2017.

Related Rights

Related Rights Law Copyright Copying

3 Count: Time’s Side

Plagiarism Today

JULY 26, 2022

However, under the conventional theory of damages, Starz would have only been eligible for damages on infringements going back to May 2017, three years before the lawsuit was filed in May 2020. According to BREIN, this is just one of more than 50 such services it has shuttered since 2017.

Settlement

Settlement Copyright Infringement Reporting Plagiarism

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis.

Related Rights

Related Rights Licensing Law Copyright

Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

Copyright Law

Copyright Law Law Copyright Television

The WIPO Files I: the quest to protect user rights

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

Intellectual Property Related Rights Intellectual Property Law Copyright

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

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

In 2017, he met the first defendant, a high-ranking executive in an international food-industry company. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., It held that taste cannot be characterised as a “work” under directive 2001/29 (DEC C- 310/2017 in T N P LAW).

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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

Kluwer Copyright Blog

FEBRUARY 12, 2023

In fact, until 2017, when the Decree-Law No. 148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. 35/2017, whose Art. 633 of 1941).

Copyright

Copyright Law Marketing Marketing

Google’s Permanent Deindexing of Pirate Sites Spreads Across Europe

TorrentFreak

DECEMBER 16, 2022

A deal announced in 2017 revealed that Google would adjust its algorithms ( pdf ) to make pirate sites less easy to find. Determined to reduce overall piracy, the UK government first asked and then threatened Google over pirate sites appearing in its search results.

Publishing

Publishing Television Government Copyright

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

MAY 4, 2022

According to PM, the specific musical repertoire in question was not represented by any collective management organisation (CMO) in Greece or abroad and, therefore, no copyrights, related rights, performance rights, or any other rights of third parties were owed.

Contracts

Contracts Music Related Rights Television

Can someone’s face be a trade mark?

The IPKat

DECEMBER 29, 2022

For example, in 2017 the Fourth Board of Appeal had to decide whether model Maartje Verhoef ’s trade mark application for a sign depicting her face could be granted in respect of a variety of goods and services in classes 3, 9, 14, 16, 18, 25, 35, 41, 42, and 44.

Copyright

Copyright Registration Intellectual Property Related Rights

Cambodia and its RCEP Accession

IP and Legal Filings

NOVEMBER 30, 2022

With a share of approximately 30% in the GDP, the manufacturing sector is expanding at an average rate of 11.9%, services are increasing at an average rate of 8.1%, and agriculture contributed 25% of the GDP in 2017 with an annual growth rate of 3.8%. One of ASEAN’s most liberal and open economies is Cambodia.

Intellectual Property

Intellectual Property Marketing Marketing IP

Understanding well-known trademarks application in India

Selvam & Selvam Blog

SEPTEMBER 7, 2023

THE PROCEDURE FOR SEEKING A WELL-KNOWN TRADEMARK STATUS IN INDIA: The determination of well-known marks – before the introduction of Trademark Rules, 2017 (hereinafter, “the Rules”) was primarily through judicial pronouncements.

Trademark

Trademark Registration Intellectual Property Business

When must public performances of musical works be reported to CMOs?

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) What is the reporting obligation? This article was originally edited by, and first published on, www.lexology.com.

Reporting

Reporting Music Related Rights Licensing

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

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. 35/2017); content in the public domain; content covered by an exception. 17 (4), a). 4 (5) D.Lgs.

Music

Music Art Copyright Related Rights

Case study: “copyright-free” in-store music and collective management

LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. The advertising messages are played at a higher volume than the music. Emphasis added.) (4).

Music

Music Copyright Television Related Rights

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

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions. Law 4481/2017 Article 6 of Law 4481/2017 states: 1.

Music

Music Related Rights Law Contracts

Book review: Performers' Rights

The IPKat

JANUARY 21, 2022

Topics include the evolution of the performers’ rights in the UK, through to all key aspects of the rights, such as subsistence, duration, ownership, licensing, remuneration, infringement, and exceptions. There is also a chapter on performers’ rights around the world, covering international treaties and specific countries.

Moral Rights

Moral Rights Contracts Editing Related Rights

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. The BGH considered a licence fee in the amount of 100 Euro to be appropriate to cover the objective value of the right of use. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts

Contracts Copyright Law Cease and Desist

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 Copyright Law Reporting

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

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. 7 of Law 4481/2017).

Music

Music Television Copyright Related Rights

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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

Publishing Art Related Rights Marketing

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

Kluwer Copyright Blog

OCTOBER 4, 2023

This provision, while optional, is rendered mandatory for online use on select major platforms under Article 17(7) of the copyright and related rights in the Digital Single Market Directive ( CDSM ).

Copyright Law

Copyright Law Art Copyright Law

‘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

Unrequited love at the times of French maisons: the Museum vs Le Musée

Kluwer Copyright Blog

NOVEMBER 20, 2022

This is for two reasons, as pointed out by E. Indeed, such a system would be beneficial for all parties involved, given that it would achieve the underlying purpose of the Italian CCH: promoting and enhancing the Italian cultural heritage, while preserving the memory of the national community and its territory (Article 1 CCH). [1]

Artwork

Artwork Public Domain Art Copyright

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. 4] BGH, 11 May 2017, Die Höhner, GRUR-RR 2018, 61. [5] 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

Moral Rights

Moral Rights Law Copyright Copyright Law

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

Kluwer Copyright Blog

JUNE 6, 2022

With its ruling in Poland v Commission ( C-401/19 ) on 26 April 2022 the Court of Justice of the European Union (CJEU) dismissed an action to annul Article 17 of Directive (EU) 790/2019 on copyright and related Rights in the Digital Single Market (CDSM Directive).

Copyright

Copyright Settlement Law Copying

Intellectual Property Pulse

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

3 Count: Time’s Side

Trending Sources

Establishment and operation of CMOs in Greece

Key 2023 update: EU Directive implemented in Greek copyright law

The WIPO Files I: the quest to protect user rights

Collective management of copyright and neighbouring rights in Greece

Does food flavouring constitute a “work”?

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

Google’s Permanent Deindexing of Pirate Sites Spreads Across Europe

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

Can someone’s face be a trade mark?

Cambodia and its RCEP Accession

Understanding well-known trademarks application in India

When must public performances of musical works be reported to CMOs?

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

Case study: “copyright-free” in-store music and collective management

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

Court clarifies process for CMO equitable remuneration

Book review: Performers' Rights

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

EU copyright law round up – fourth trimester of 2021

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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

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

Unrequited love at the times of French maisons: the Museum vs Le Musée

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

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