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Does food flavouring constitute a “work”?

LexBlog IP

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.,

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

Kluwer Copyright Blog

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.

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

Kluwer Copyright Blog

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

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

Kluwer Copyright Blog

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

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

Kluwer Copyright Blog

The Orphan Works Database contains 6,031 works as of March 6th 2023, whereas a 2001 estimate showed for instance that up to 1.25 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. billion periodicals could be orphan works.

Copyright 102
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The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). 31, 36, 37, 39 – Pelham, in the context of the phonogram producer’s right (with the same basis in EU law in Article 2 InfoSoc Directive)).

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EU copyright law round up – third trimester of 2021

Kluwer Copyright Blog

and Right to Know CLG challenged a decision by the European Commission to not grant (free and public) access to harmonised standards adopted by the European Committee for Standardisation (CEN). 4(2) of Regulation (EC) No 1049/2001 ) was that doing so would undermine the copyright protection of the standards at issue.