Copyright, Marketing, Reference and Related Rights

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

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.

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

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. Opting out – but how?

Copyright

Copyright Fair Use Publishing Reporting

‘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.

Copying

Copying Copyright Law Copyright Social Media

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. Following the reform, other CMOs are allowed to manage copyright on behalf of authors and publishers. 633 of 1941).

Copyright

Copyright Law Marketing Marketing

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). Targeted users.

Reporting

Reporting Marketing Marketing Copyright

EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law.

Copyright Law

Copyright Law Copyright Law Music

EU copyright law round up – third trimester of 2022

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is a preliminary reference from the Portuguese Supereme Court, which interprets the notion of “cable restransimission”. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Music

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.)

Copyright Law

Copyright Law Copyright Law Reporting

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

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright

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

EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law

Copyright Law Law Copyright Publishing

EU copyright law round up – third trimester of 2021

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Television

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

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

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

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

Copyright

Copyright Intellectual Property Database Right Related Rights

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

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. As is well known, Art. While the liability exemption in Art.

Art

Art Law Intellectual Property Intellectual Property Law

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

This third part of our four-part series on using synthetic data to train AI models explores the interplay between synthetic data training sets, the EU Copyright Directive and the forthcoming EU AI Act. Stated another way, how can a person wishing to use such content reasonably discover and avoid materials subject to an opt-out?

IP

IP Copyright Art Related Rights

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

Velocity of Content

FEBRUARY 7, 2024

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. Is a copyright notice sufficient? What about the words “all rights reserved?”

Editing

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

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. 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.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

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

This part II discusses the growth of public regulators as a check on the rise of private power in the online environment, addresses new institutional arrangements in the EU for regulating conduct online, and highlights our proposal for a new EU copyright institution. A New EU Copyright Institution.

Copyright

Copyright Marketing Marketing Law

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.

Copyright Law

Copyright Law Art Copyright 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

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

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 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 ). 15 of the CDSMD.

Publishing

Publishing Art Related Rights Marketing

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

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. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Image source: iStock]. Conclusion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

Remuneration of authors under French copyright law before the 2021 Order. There are two possible forms of remuneration under French copyright law: royalties based on the revenues deriving from the exploitation of the work, and, as an exception to this rule, fixed royalties in the form of a lump sum.

Contracts

Contracts Intellectual Property Cinema Copying

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

The IPKat

AUGUST 24, 2021

Beach + sunbathing + copyright = the perfect summer As readers with an interest in EU copyright are well aware, EU Member States had time until 7 June to transpose the DSM Directive 2019/790 [Katposts here ] into their own national laws. The European Commission correctly reasoned along these lines, though with reference to Article 17.

Publishing

Publishing Copyright Related Rights Law

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Emphasis added.) It defines the extent of protection.

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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). C-18/18, Glawischnig-Piesczek v Facebook Ireland ).

Copyright

Copyright Settlement Law Copying

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. Creation of Gray Markets : Creating a local chain of supply may lead to the creation of grey markets.

Licensing

Licensing Invention Intellectual Property Marketing

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

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

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

It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law. At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. The short answer is “inconsistently”.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms

Kluwer Copyright Blog

OCTOBER 26, 2022

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. The impact of the Judgement on National Implementations.” 11 OCSSP Act.

Art

Art Copyright Intellectual Property Publishing

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

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

The Resolution of the European Parliament on protection of live sport events

Kluwer Copyright Blog

JUNE 28, 2021

In previous posts on this Blog we have analyzed some developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet and the use of the dynamic injunction, with special focus on the protection of live sport events.

Television

Television Copyright Blogging Law

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

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

Trending Sources

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

Generative AI and copyright: Convergence of opt-outs?

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

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

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

EU copyright law round up – first trimester of 2022

EU copyright law round up – third trimester of 2022

EU copyright law round up – fourth trimester of 2021

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

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

EU copyright law round up – second trimester of 2023

EU copyright law round up – third trimester of 2021

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

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

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

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

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

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

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

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

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

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

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?

Establishment and operation of CMOs in Greece

Protection of Nonfungible Tokens in Indonesia

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

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

Does food flavouring constitute a “work”?

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

Understanding Compulsory Licensing and Access to Essentials

Athens court rules on moral damages in software infringement case

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

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

The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms

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

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

The Resolution of the European Parliament on protection of live sport events

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