Article, Marketing and Related Rights - Intellectual Property Pulse

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. All this would serve to ‘foster the availability of reliable information’.

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 exhaustion of copyright in computer programs, which is harmonised under European law in Article 4(2) of the Computer Programs Directive (2009/24), was transposed into law in Germany in Section 69c No.

Related Rights

Related Rights Law Copyright Copying

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

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

Intellectual Property Intellectual Property Law Related Rights Registration

Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

Kluwer Copyright Blog

MAY 1, 2024

Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin. The Court emphasized that exclusion of non-EEA rightholders from remuneration must be explicit, as the right falls within the fundamental right to intellectual property in Article 17(2) CFREU.

Copyright

Copyright Art Designs Design

‘BestBuyIPTV’ Operator Sentenced in Vietnam’s First Ever Online Piracy Conviction

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

Branding Brands Branding Related Rights

[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

JANUARY 24, 2023

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

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

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

Does food flavouring constitute a “work”?

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., Emphasis added.)

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

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. In essence, the combined provisions of Articles 4(2) and 20(2) of the Decree and Art. 633 of 1941). 35/2017, whose Art.

Copyright

Copyright Law Marketing Marketing

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. 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.

Copyright

Protection of Nonfungible Tokens in Indonesia

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. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Image source: iStock].

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

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

Copyright Intellectual Property Database Right Related Rights

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. The focus of the article is Ms. Buzzfeed, Inc.

Copyright

Copyright Social Media Copyright Infringement Publishing

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Kluwer Copyright Blog

DECEMBER 18, 2022

Just like the Croatian legislator when implementing Article 15 of the DSM Directive. This inclusion was criticised as a redundant addition since newspaper articles are already considered literary works. Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’.

Moral Rights

Moral Rights Publishing Licensing Copyright

Role Of Intellectual Property Rights In The Era Of Quantum Technology

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

Intellectual Property Technology Intellectual Property Law Public Domain

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Kluwer Copyright Blog

DECEMBER 14, 2022

In this blog post, based on a recently published article , I assess this lesser-explored exception and call for its wider implementation and expansive interpretation by EU member states. . This could benefit participatory repair activities such as tool libraries and repair cafes across Europe.

Copyright

Copyright Cease and Desist Fair Use Publishing

Understanding well-known trademarks application in India

Selvam & Selvam Blog

SEPTEMBER 7, 2023

The article aims to shed light on the nuances of well-known trademarks. It is pertinent to note that the doctrine – as provided under the abovementioned Article 6 bis – solely concerns itself with the trademark protection of goods, not services. Whirlpool Corporation and Ors. WELL-KNOWN TRADEMARK – WHAT IS IT?

Trademark

Trademark Registration Intellectual Property Business

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

Copyright

Copyright Art Fair Use Registration

Even if your name is as famous as Ronaldinho, the UK IPO cannot raise ex officio bad faith objections

The IPKat

MAY 8, 2022

. • The practice set out in the Examination Guide is silent as to how the Registrar’s enforcement of the protection of famous names under section 3(6) is to be reconciled with the existence of a relative right to object and the express prohibition contained in Article 2 of the Trade Marks (Relative Grounds) Order 2007.

Licensing

Sunday Surprises

The IPKat

JUNE 26, 2022

Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents. FIDE - The Metaverse As A Challenge To Classical IP - 29 June 2022 - Online The Metaverse steadily developed, and its role became even more central to the business.

Intellectual Property

Intellectual Property IP Registration Copyright

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

In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights. The ‘old’ analogue exception for teaching Until the enactment of Law 4996/2022 the teaching exception was exclusively regulated by Article 21(1).

Licensing

Advocate General’s Considerations on Article 17

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

On the necessity of filtering online content and its limitations: AG Saugmandsgaard Øe outlines the borders of Article 17 CDSM Directive

Kluwer Copyright Blog

JULY 20, 2021

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

Copyright

Copyright Settlement Government Copyright Infringement

A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art

Art Contracts Publishing Licensing

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

LexBlog IP

JANUARY 16, 2024

It seems that one of the intended purposes of the obligation to disclose training data is to enable better enforcement, through an ex-post tool, of the above-mentioned opt-out mechanism under Article 4 of the Copyright Directive. In any event, it remains to be seen what requirements will be included in the final EU AI Act.

IP

IP Copyright Art Related Rights

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

[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. SIAE claims that Meta did not negotiate transparently. It could test the applicability of Art. 17 (4), a).

Music

Music Art Copyright Related Rights

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP

IP Intellectual Property Invention Copyright

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

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

Art

Art Copyright Law 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

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government

Government Database Right Intellectual Property Copyright

Kluwer Copyright Blog

APRIL 5, 2022

Among many other things, the proposal seeks to clarify the application of the Database Directive , namely the “accidental or unintended application of the sui generis right to databases containing machine-generated data”. 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

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

FEBRUARY 7, 2024

This article originally appeared in The Scholarly Kitchen and is republished with permission. In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials.

Editing

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

NOVEMBER 23, 2023

We suggest that as a first step, the Commission should publicly identify data sources, protocols and standards that allow authors and rightholders to express a machine-readable rights reservation in accordance with Article 4(3) CDSM, that are freely available and whose functionality is publicly documented. Convergence on opt-outs?

Copyright

Copyright Fair Use Publishing Reporting

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

The IPKat

AUGUST 24, 2021

With a few exceptions [see Communia tracker here ] , because of a number of reasons - ranging from COVID to the delayed Article 17 Commission's guidance [Katpost here ] to some important pending rulings of the Court of Justice of the European Union (CJEU), the majority of EU Member States missed this deadline.

Publishing

Publishing Copyright Related Rights Law

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing

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) Any type of reporting on the user’s part towards a specific CMO may only concern the use of rights that the specific CMO represents.

Reporting

Reporting Music Related Rights Licensing

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM.

Contracts

Contracts Intellectual Property Cinema Copying

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

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). As a result, the original text of Article 15 CDSM was subject to a number of amendments. Article 43bis l.aut. Image via needpix.

Publishing

Publishing Law Contracts Licensing

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing

Publishing Marketing Marketing Advertising

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

Copying

Copying Copyright Law Copyright Editing

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Kluwer Copyright Blog

MAY 18, 2022

Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. Photo by Aneeque Ahmed, NounProject.com. Thus, we propose a solution in the form of introducing a new EU-level institution.

Copyright

Copyright Marketing Marketing Law

Kluwer Copyright Blog

DECEMBER 26, 2021

On 6 October 2021, the CJEU issued its judgment in Top System , where central questions revolved around computer program decompilation as per Article 5(1) of Directive 91/250/EEC. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) CJEU judgments. Top System SA, C-13/20.

Copyright Law

Copyright Law Copyright Law Reporting

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

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

Trending Sources

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

‘BestBuyIPTV’ Operator Sentenced in Vietnam’s First Ever Online Piracy Conviction

[Guest post] New Ukrainian Law on Copyright and Related Rights

Establishment and operation of CMOs in Greece

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

Does food flavouring constitute a “work”?

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

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Protection of Nonfungible Tokens in Indonesia

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

2H 2022 Quick Links, Part 3 (Copyrights and More)

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Role Of Intellectual Property Rights In The Era Of Quantum Technology

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Understanding well-known trademarks application in India

AI and copyright in 2022

Even if your name is as famous as Ronaldinho, the UK IPO cannot raise ex officio bad faith objections

Sunday Surprises

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

Advocate General’s Considerations on Article 17

On the necessity of filtering online content and its limitations: AG Saugmandsgaard Øe outlines the borders of Article 17 CDSM Directive

A summary look at the Portuguese transposition of the CDSM Directive

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

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

AI and IP – A real conversation starter

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

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

Please share nicely — From Database directive to Data (governance) acts

EU copyright law round up – first trimester of 2022

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Generative AI and copyright: Convergence of opt-outs?

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

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

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

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

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

Athens court rules on moral damages in software infringement case

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

EU copyright law round up – fourth trimester of 2021

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