Copying, Marketing and Related Rights - Intellectual Property Pulse

[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.

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

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying

Copying Copyright Law Copyright Social Media

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

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying

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. This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible.

Related Rights

Related Rights Law Copyright Copying

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). Mere facts”.

Reporting

Reporting Marketing Marketing Copyright

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

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

Reporting

Reporting Marketing Marketing Copyright

‘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. While a copy of the verdict is not immediately available, a release shared by rightsholders attributed the following quote to the Hanoi court Judge.

Branding

Branding Brands Branding Related Rights

EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

APRIL 5, 2022

In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State. The report states that the global recorded music market grew with 18.5%

Copyright Law

Copyright Law Copyright Law Music

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

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

Kluwer Copyright Blog

DECEMBER 20, 2022

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. Simple photographs. .

Copyright

EU copyright law round up – third trimester of 2022

Kluwer Copyright Blog

OCTOBER 3, 2022

On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite.

Copyright Law

Copyright Law Copyright Law Music

EU copyright law round up – fourth trimester of 2021

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

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying

Copying Copyright Law Copyright Editing

[Guest post] Litigation commenced against the developers of AI image generation software

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

Litigation

Litigation Copying Copyright Designs

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

is not sufficient and therefore is in breach of the law, and in a judgment of 30 November 1999, the same court ruled that a clause providing for 0% for the first 1,000 copies sold, 7% for the next 2,000 copies and 10% beyond 3,000 copies sold, was null. and certain specific rules.

Contracts

Contracts Intellectual Property Cinema Copying

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

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

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

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.,

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting

Reporting Music Related Rights Licensing

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. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Image source: iStock]. Conclusion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

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

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights

Moral Rights Publishing Licensing Copyright

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

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.

Copyright

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

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

The IPKat

SEPTEMBER 19, 2022

In other words: a copy-and-paste transposition of Article 17 is to be preferred to too a creative approach. One such example relates to the blocking of content pending the resolution of a complaint.

Art

Art Copyright Law Related Rights

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

The narrow permitted uses, consisting of making copies for digitisation purposes and disseminating online via non-commercial websites are problematic. The OWD and the CDSM Directive’s OOCW provisions now coexist as two distinct options that cultural heritage institutions can rely on for clearing rights.

Copyright

Copyright Marketing Marketing Licensing

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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing

Publishing Law Contracts Licensing

Why the implementation of the Italian press publisher rights 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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing

Publishing Law Contracts Licensing

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. We were not aware that the image may have been created by AI” 2.

Copyright

Copyright Art Fair Use Registration

Understanding well-known trademarks application in India

Selvam & Selvam Blog

SEPTEMBER 7, 2023

This leads to the question – Is it essential for businesses targeting the Indian market to register their trademark as a well-known trademark? Copy of the Judgement wherein the trademark has been determined as well- known by any Court in India or Registrar of Trademarks. Additionally, they can send supporting documents, if any.

Trademark

Trademark Registration Intellectual Property Business

Africa IP Highlights #2: The trademarks arena

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark

Trademark IP Registering Trademarks Branding

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 ). In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

Copyright Law

Copyright Law Art Copyright Law

Kluwer Copyright Blog

JUNE 29, 2023

While sports events, as such, are not protected by copyright and related rights, the origanisers of these events may benefit from specific protection under national law.

Copyright Law

Copyright Law Law Copyright Publishing

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 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.

Contracts

Contracts Copyright Law Cease and Desist

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.

Copyright Law

Copyright Law Copyright Law Television

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

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.

Copyright

Copyright Settlement Law Copying

Intellectual Property Pulse

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

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

Trending Sources

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

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

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

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

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

EU copyright law round up – first trimester of 2022

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

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

EU copyright law round up – third trimester of 2022

EU copyright law round up – fourth trimester of 2021

Athens court rules on moral damages in software infringement case

[Guest post] Litigation commenced against the developers of AI image generation software

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

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

Establishment and operation of CMOs in Greece

Does food flavouring constitute a “work”?

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

Protection of Nonfungible Tokens in Indonesia

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

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

A summary look at the Portuguese transposition of the CDSM Directive

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

The Orphan Works Directive is broken but the Commission won’t fix it!

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

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

AI and copyright in 2022

Understanding well-known trademarks application in India

Africa IP Highlights #2: The trademarks arena

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

EU copyright law round up – second trimester of 2023

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

EU copyright law round up – third trimester of 2021

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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