Marketing, Reference 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.

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

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

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

Copyright Law Marketing 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

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

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

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

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

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. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

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

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

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

Kluwer Copyright Blog

JUNE 28, 2021

In this sense, the Legislative Decree 9/2008 relating to “Discipline of ownership and marketing of audiovisual sports rights and relative allocation of resources” acknowledges that the professional league and the clubs are joint owners of the audiovisual rights relating to matches. by Tito Rendas. €

Television

Television Copyright Blogging Law

EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

APRIL 5, 2022

The AG held that the notion refers to the retransmission of a primary transmission by cable distributors, who carry out such retransmission as professional operators in the context of a conventional cable network. 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

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

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

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13]

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. This article originally appeared in The Scholarly Kitchen and is republished with permission.

Editing

EU copyright law round up – third trimester of 2022

Kluwer Copyright Blog

OCTOBER 3, 2022

This is a preliminary reference from the Portuguese Supereme Court, which interprets the notion of “cable restransimission”. You can read the previous round-ups here. CJEU judgments and AG Opinions. RTL Television, Court of Justice, C-716/20. On 8 September 2022, the CJEU issued its judgment in RTL Television.

Copyright Law

Copyright Law Copyright Law Music

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. The same holds true for parody and caricature.

Copyright Law

Copyright Law Art Copyright Law

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

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

The IPKat

SEPTEMBER 19, 2022

One such example relates to the blocking of content pending the resolution of a complaint. Another reason not to be too creative: the upcoming DSA All the above said, there is also another reason why Member States should refrain from being too creative when transposing Article 17 into their own laws.

Art

Art Copyright Law Related Rights

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.

Copyright

Copyright Fair Use Publishing Reporting

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. While the liability exemption in Art.

Art

Art Law Intellectual Property Intellectual Property Law

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

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

‘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. Section 53A).

Copying

Copying Copyright Law Copyright Social Media

EU copyright law round up – third trimester of 2021

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. Coming soon and latest referrals.

Copyright Law

Copyright Law Copyright Law Television

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

The IPKat

AUGUST 24, 2021

This said, based on what is already available, it is apparent that the provisions that the EU legislature adopted in 2019 to establish a ‘Digital Single Market’ will be implemented in different – if not altogether creative – ways across the EU. The European Commission correctly reasoned along these lines, though with reference to Article 17.

Publishing

Publishing Copyright Related Rights Law

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

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

It is possible to assess the damage suffered by the author under the unfair contract by reference to the practices of the sector (Court of Appeal of Paris, 15 May 1987). The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no.

Contracts

Contracts Intellectual Property Cinema Copying

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

The Court made specific reference to certain European Court of Justice decisions in this respect. (3) The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. It held that they were inadmissible because they were too vague.

Copying

Copying Copyright Law Copyright Editing

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

Kluwer Copyright Blog

JANUARY 18, 2023

The reference in Section 60b(2) UrhG has been updated accordingly. What exactly the term “pastiche” refers to is unclear. While in literature and linguistics the imitation of a particular style is known as a “pastiche”, this understanding cannot be applied in the same way in relation to copyright matters.

Copyright

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

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

Kluwer Copyright Blog

JUNE 29, 2023

As readers know, many Member States missed the deadline, so in February 2023 the Commission referred 11 of them to the CJEU for failure to fully transpose the Directive. 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

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

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

At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive.

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

17 CDSM Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) : According to the Grand Chamber of the CJEU, the provision imposes a de facto obligation on service providers to use automatic content recognition tools in order to prevent copyright infringements by users of the platform.

Art

Art Copyright Intellectual Property Publishing

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

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

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

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 approach, referred to as “private ordering” or “self-regulation”, has been reflected in several EU Directives, and has long provided a useful workaround for governments by empowering industry actors to design and implement their own rules and methods of enforcement (given that they comply with existing law). Conclusion.

Copyright

Copyright Marketing Marketing Law

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

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).

Copyright

Copyright Settlement Law Copying

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

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

Trending Sources

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

Establishment and operation of CMOs in Greece

Does food flavouring constitute a “work”?

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

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

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

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

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

EU copyright law round up – first trimester of 2022

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

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

EU copyright law round up – third trimester of 2022

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

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

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

Generative AI and copyright: Convergence of opt-outs?

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

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

EU copyright law round up – fourth trimester of 2021

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

EU copyright law round up – third trimester of 2021

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

Understanding Compulsory Licensing and Access to Essentials

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

Athens court rules on moral damages in software infringement case

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

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

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

EU copyright law round up – second trimester of 2023

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

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

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

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

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

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

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

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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