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

Kluwer Copyright Blog

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.

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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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Africa IP Highlights #2: The trademarks arena

The IPKat

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.

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AI and copyright in 2022

Kluwer Copyright Blog

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.

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Athens court rules on moral damages in software infringement case

LexBlog IP

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. 626/2014. (8) Endnotes (1) Decision No. 2916/2022. (2) 2) L 2121/93. (3) 438/2018. (6)

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

LexBlog IP

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.

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

Kluwer Copyright Blog

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.

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