2019, Marketing and Related Rights - Intellectual Property Pulse

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

The IPKat

DECEMBER 13, 2023

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). Kat-negotiations.

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

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights.

Related Rights

Related Rights Law Copyright Copying

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property

Intellectual Property Intellectual Property Law Related Rights Registration

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 71 of 2019, dated October 10, 2019, regarding the Provision of Electronic Systems and Transactions. Image source: iStock]. Government Regulation No. MOCI Regulation No. Conclusion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

JANUARY 12, 2022

It had to adopt a nuanced approach of not abandoning the principles of balance it had long espoused and at the same time support efforts to strengthen protection in the digital medium in a manner that would not constrict its choices as digital technologies and markets evolve.

Intellectual Property

Intellectual Property Publishing Copyright Technology

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.,

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

Cambodia and its RCEP Accession

IP and Legal Filings

NOVEMBER 30, 2022

Now, by November 2019, all involved nations hope to have a pact finalised and signed. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. By 2050, the predicted $0.5

Intellectual Property

Intellectual Property Marketing Marketing IP

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

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying

Copying Copyright Law Copyright Social Media

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

Kluwer Copyright Blog

NOVEMBER 24, 2021

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. Right of remuneration (Sections 32 et seqq. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts

Contracts Copyright Law Cease and Desist

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

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.

Copyright

Copyright Art Fair Use Registration

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Kluwer Copyright Blog

DECEMBER 14, 2022

By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes.

Copyright

Copyright Cease and Desist Fair Use Publishing

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP

IP Intellectual Property Invention Copyright

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

Kluwer Copyright Blog

JUNE 28, 2021

More in detail, in a 2019 post on this Blog ( here ), we analyzed the impact of illegal distribution of audiovisual content and the new wave of dynamic injunctions that the Court of Milan has adopted through orders against Internet Service Providers (ISPs) on the basis of complaints filed by the Lega Calcio with some major broadcasters.

Television

Television Copyright Blogging Law

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government

Government Database Right Intellectual Property Copyright

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…). The licenses may cover all the same uses covered by the limitation.

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

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

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. Will this Change?

Editing

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

Kluwer Copyright Blog

MAY 26, 2022

The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. The Directive entered into force in June 2019 and had to be transposed by Member States by 7 June 2021.

Law

Law Intellectual Property Related Rights Art

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing

Publishing Marketing Marketing Advertising

Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

Kluwer Copyright Blog

MAY 31, 2022

It is worth noting, however, that this decision was rendered before Austria transposed the EU Directive on copyright and related rights in the Digital Single Market 2019/790 of 17 April 2019 into national law. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Copyright Infringement

Copyright Infringement Cease and Desist Copyright Intellectual Property

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.

Art

Art Copyright Law Related Rights

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

Technology

Technology Publishing Social Media Intellectual Property

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

NOVEMBER 23, 2023

Of the respondents, only Google explicitly positions its opt-out protocol as an implementation of Article 4(3) of the CDSM Directive: Google-Extended is an example of an approach that complies with the European Union Digital Single Market Copyright Directive, and specifically Article 4’s reference to machine-readable opt-out tools.

Copyright

Copyright Fair Use Publishing Reporting

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. Scientometrics (2022): [link]. [3] 4] Frontiers. “It 8] (a) Art.

Copyright

Copyright Publishing Journalism Art

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

Introductory remarks The Greek legislator transposed Directive (EU) 2019/790 (CDSMD) with considerable delay, enacting L. 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 ). 15 of the CDSMD.

Publishing

Publishing Art Related Rights Marketing

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

The IPKat

AUGUST 24, 2021

Beach + sunbathing + copyright = the perfect summer As readers with an interest in EU copyright are well aware, EU Member States had time until 7 June to transpose the DSM Directive 2019/790 [Katposts here ] into their own national laws. It is true that there are provisions in the Directive that leave Member States significant discretion.

Publishing

Publishing Copyright Related Rights Law

Around the IP Blogs

The IPKat

MAY 31, 2022

The Commission urges the above Member States to fully transpose the Directive into national law, for which the transposition deadline was June 2021.

Blogging

Blogging Non-Fungible Tokens IP Reporting

Reading List: Art. 17 implementation

43(B)log

FEBRUARY 4, 2022

17 Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) with a new Act on the Copyright Liability of Online Content Sharing Service Providers (OCSSP Act), which entered into force on 1 August 2021. The Impact of the German Implementation of Art. Abstract: Germany transposed Art.

Art

Art Related Rights Copyright Marketing

European Copyright Directive: Which Stage is the European Union At?

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. Tugce Kucukali is an IPilogue Writer and incoming LL.M. Candidate at University of British Columbia. .

Copyright

Copyright Copyright Law Due Diligence Law

Sunday Surprises

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

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. 17 DSM Directive was introduced in 2019. But one topic has hardly been addressed so far: the international application of Art.

Art

Art Law Related Rights Marketing

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

Kluwer Copyright Blog

MARCH 21, 2023

In the meantime, it continues to be crucial to find a solution that addresses the challenge of digitising and disseminating cultural heritage items the copyright of which cannot be cleared, and in fact, the adoption of the Copyright in the Digital Single Market (2019/790/EU) Directive (CDSM Directive) offers some light at the end of the tunnel.

Copyright

Copyright Marketing Marketing Licensing

CDSM: French transposition on the remuneration of performers

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts

Contracts Intellectual Property Music Cinema

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

Kluwer Copyright Blog

NOVEMBER 11, 2021

Let’s imagine that, in the near future, the Court of Justice of the European Union (CJEU) receives a request for a preliminary ruling referring the following question: “Must Article 17(4) of Directive 2019/790 on copyright and related rights in the Digital Single Market be interpreted as precluding a national law which allows copyright holders to bring (..)

Art

Art Law Intellectual Property Intellectual Property Law

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

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

Kluwer Copyright Blog

OCTOBER 7, 2021

The central message of the report is that stronger IPRs will help in the process of social and economic recovery from the COVID-19 and other global crisis.

Copyright Law

Copyright Law Copyright Law Television

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

Copyright

Copyright Licensing Art Publishing

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

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

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

In 2019, the CDSMD was passed after a hard-fought battle between copyright stakeholders in the EU legislature, and is now one of the lengthiest pieces of EU copyright legislation to-date. New Institutional Arrangements in the EU for Regulating Conduct Online: An Example for Copyright? Conclusion.

Copyright

Copyright Marketing Marketing Law

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

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

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

Trending Sources

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

Protection of Nonfungible Tokens in Indonesia

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

Does food flavouring constitute a “work”?

Cambodia and its RCEP Accession

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

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

AI and copyright in 2022

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

AI and IP – A real conversation starter

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

Please share nicely — From Database directive to Data (governance) acts

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)

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

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

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

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

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

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

Generative AI and copyright: Convergence of opt-outs?

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

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

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

Around the IP Blogs

Reading List: Art. 17 implementation

European Copyright Directive: Which Stage is the European Union At?

Top 10 Posts on the Kluwer Copyright Blog in 2022

Sunday Surprises

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

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

CDSM: French transposition on the remuneration of performers

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

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

EU copyright law round up – third trimester of 2021

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

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

The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms

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

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

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