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

The IPKat

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

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CJEU has received first reference on DSM Directive

The IPKat

The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021.

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Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

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US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

The IPKat

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

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UK Government axes plans to broaden existing text and data mining exception

The IPKat

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? In 2019, however, two new mandatory EU-wide exceptions for TDM were adopted as part of the DSM Directive [I analyze and discuss them in detail in my Commentary here ].

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Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789. 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.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq.