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. . Image from here. Introduction.

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Kluwer Copyright Blog

NOVEMBER 28, 2022

1) Article L131-4 paragraph 1 of the French Intellectual Property Code (‘IPC’) states the general applicable rule: the assignment by an author ‘ shall comprise a proportional participation by the author in the revenue from sale or exploitation of the work.’. and certain specific rules. To be continued…. by Alexander Puutio. €

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Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

FEBRUARY 2, 2023

There will be debates over whether generative AI is, for the purposes of copyright, a tool used by a human author or is an autonomous creator of works (see previously on this blog e.g. here , here , here and here ). Very few jurisdictions expressly provide for copyright in computer-generated works.

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Kluwer Copyright Blog

NOVEMBER 29, 2022

While “form” is less interesting for the purposes of this analysis, with regard to methods, Member States are presented with two important choices: a) between literal (“copy-out”) transposition and an “elaboration” on the rules set out in the directive; and. Most of the examined Member States have taken a copy-out approach to the exclusion.

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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.

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Kluwer Copyright Blog

DECEMBER 18, 2022

To the readers of this blog who have been following (for example here or here ) the debates around the enactment and implementation of the DSM Directive – a directive that aims to be in sync with the ‘rapid technological developments’ – the above sentence might seem counterintuitive. Favouring the press publishers. by Alexander Puutio. €

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Kluwer Copyright Blog

JANUARY 18, 2023

Specifically, this means that acts of reproduction for the purposes of preserving copies of works within the scope of Sections 60e, 60f, 60h UrhG may, from now on, also be made by commercial organisations in the field of cultural heritage. The new related right for press publishers (Sections 87 et seqq.

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Copyright Related Rights Copyright Law Publishing 52

Selvam & Selvam Blog

SEPTEMBER 7, 2023

The history of the doctrine of well-known trademarks can be traced back to the Paris Convention for the Protection of Industrial Property (hereinafter, “the Paris Convention”) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter, “TRIPs”).

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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. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

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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. Parts 2 to 4 of this post will be published on the blog over the coming days. by Christopher Heath. €

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Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. by Alexander Puutio. € by Edward J.

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Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. by Alexander Puutio. € by Edward J.

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Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

SEPTEMBER 20, 2023

20 years later, Pelham composed (together with a second defendant), produced and released the hip-hop rap song “Nur mir”, which is underlain by a continuous loop of a two-second rhythmic sequence of metallic drum sounds that had been electronically copied from the “Metall auf Metall” phonogram. 5(5) InfoSoc Directive.

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Kluwer Copyright Blog

NOVEMBER 24, 2021

In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. The BGH assumed that an infringement of the related right of the film producer had occurred.

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Kluwer Copyright Blog

JUNE 6, 2022

Therefore, a copy-paste implementation of the provision during the implementation process is simply not an option if no additional guidelines are provided on how the safeguards can be made operational in practice. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Edward J.

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