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. More from our authors: Law of Raw Data.

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

Kluwer Copyright Blog

MARCH 24, 2022

The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Editing Related Rights 64

LexBlog IP

JANUARY 24, 2024

It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. This article was originally edited by, and first published on, www.lexology.com.

Copyright Law 52

Copyright Law Law Copyright Television 52

SpicyIP

JANUARY 12, 2022

How India developed its negotiating stance and played the negotiating game would be of interest to students, experts and practitioners of multilateral negotiations as well as of intellectual property in general, and copyright and related rights in particular.” Watal and A.

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

LexBlog IP

AUGUST 30, 2023

Compensation presupposes culpability and infringement of IP (or related rights) (i.e., And article(2) stipulates that: while whoever culpably infringed the intellectual property or related rights of another is obliged to compensate and satisfy the moral damage. 5) Supreme Court 484/2020. (6)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

JANUARY 5, 2022

Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters. Intellectual Property Law in China, 2nd edition. So, more evolutions are expected, since digital revolutions will continue to shake the world of copyright law.

Copyright Law 120

Copyright Law Copyright Law Graphic Design 120

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 98

Related Rights Licensing Law Copyright 98

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 52

Copyright Related Rights Television Law 52

Kluwer Copyright Blog

APRIL 12, 2022

However, Member States can provide for such a right in their legislations. Even if Member States remain free to establish cable retransmission rights both for copyright holders and holders of related rights, these rights should be construed through the harmonised conceptual framework of this Directive.

Television 56

Television Art Related Rights Copyright Law 56

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. or idaroussou@metaxopouloslaw.gr ).

Contracts 52

Contracts Music Related Rights Television 52

Kluwer Copyright Blog

JANUARY 23, 2024

Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it. The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).

Copyright Infringement 124

Copyright Infringement Copyright Law Journalism 124

Kluwer Copyright Blog

JUNE 19, 2023

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. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Velocity of Content

FEBRUARY 7, 2024

As noted in the current draft of the EU’s AI Act , “[t]ext and data mining techniques may be used extensively in this [training] context for the retrieval and analysis of such content, which may be protected by copyright and related rights.”

Editing 59

Editing All Rights Reserved Publishing Copyright 59

Kluwer Copyright Blog

APRIL 22, 2022

Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights. Intellectual Property Law in China, 2nd edition. developer or user).

Music 67

Music Copyright Derivative Work Ownership 67

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

Kluwer Copyright Blog

FEBRUARY 12, 2023

The reason is that, as noted below, the Directive provides that IMEs can be in charge of the collective management of copyright and related rights and that, inter alia , “ right holders should be free to entrust the management of their rights to independent management entities.”

Copyright 67

Copyright Law Marketing Marketing 67

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

DECEMBER 28, 2021

Regarding the entitlement to the rights, the recording and broadcast of a sports event are protected by related rights, which are respectively granted to producers of audiovisual works for the first fixation of the film and to broadcasting organisations for the transmission of broadcast signals for public reception.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

Kluwer Copyright Blog

MARCH 14, 2022

A third alternative: the related rights approach. We followed the approach of distinguishing between creation and dissemination of works, so as to propose transforming the current CGWs provisions into a neighbouring rights provision. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

IP 60

IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Intellectual Property Law in China, 2nd edition. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. More from our authors: Law of Raw Data. by Christopher Heath. €

IP 70

IP Inventor Invention Intellectual Property 70

Kluwer Copyright Blog

DECEMBER 12, 2021

The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). Intellectual Property Law in China, 2nd edition. Additionally, all proprietary and open source software licensing rely on copyright protection. More from our authors: Law of Raw Data.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

Music 82

Music Intellectual Property Copyright Technology 82

The IPKat

JULY 20, 2023

In his Opinion, AG Collins recalled the distinction – or, as he called it – the ‘dichotomy’ between copyright and related rights and noted that, under Article 2(e) of the InfoSoc Directive, what is protected is indeed the fixation of a broadcast, not the broadcast itself.

Copying 40

Copying Law Copyright Publishing 40

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music 56

Music Copyright Related Rights Ownership 56

The IPKat

JANUARY 21, 2022

Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights. The first edition was published in 1990 and it is now in its 6th edition, updated from its previous version which was published in 2015.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

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 103

Art Contracts Publishing Licensing 103

Kluwer Copyright Blog

APRIL 5, 2022

This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain. Intellectual Property Law in China, 2nd edition. Stay tuned! by Christopher Heath. €

Copyright Law 60

Copyright Law Copyright Law Music 60

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…). More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Licensing 98

Licensing Related Rights Publishing Higher Education 98

Kluwer Copyright Blog

MARCH 15, 2023

In addition, the Commission has referred Bulgaria, Finland, Latvia, Poland and Portugal to the CJEU for failure to transpose another EU Directive on copyright and related rights applicable to certain online transmissions ( EU Directive 2019/789 ).

Copyright 67

Copyright Law Editing Related Rights 67

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) This article was originally edited by, and first published on, www.lexology.com.

Reporting 52

Reporting Music Related Rights Licensing 52

The IPKat

FEBRUARY 3, 2023

With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. Click here and here to know more. Click here to know more.

Intellectual Property 67

Intellectual Property Intellectual Property Law Contracts IP 67

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). Stay tuned!

Copyright Law 116

Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

JANUARY 4, 2022

Intellectual Property Law in China, 2nd edition. At the same time, a global paradigm of online piracy enabling the retransmission of sports events on a worldwide basis has dynamically emerged. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €

Copyright Law 126

Copyright Law Copyright Law Intellectual Property 126

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. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265 Stay tuned!

Copyright Law 60

Copyright Law Law Copyright Publishing 60

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. This article was originally edited by, and first published on, www.lexology.com. Endnotes (1) Decision No. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The BGH reasoned that a claim for non-material damages was weakened by the fact that there were doubts as to whether the relevant public in that case even attributed the edited images to the author at all. The BGH assumed that an infringement of the related right of the film producer had occurred. by Christopher Heath. €

Contracts 98

Contracts Copyright Law Cease and Desist 98

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 52

Publishing Art Related Rights Marketing 52