The IPKat

APRIL 26, 2022

So far only the press release is available, and here's what it says: In today’s judgment, the Court dismisses that action brought by Poland.

Intellectual Property 145

Intellectual Property Law Related Rights Copyright 145

The IPKat

FEBRUARY 3, 2023

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 ].

Government 141

Government Related Rights Copyright Law 141

IP and Legal Filings

OCTOBER 28, 2022

71 of 2019, dated October 10, 2019, regarding the Provision of Electronic Systems and Transactions. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection.

Non-Fungible Tokens 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

LexBlog IP

AUGUST 30, 2023

Compensation presupposes culpability and infringement of IP (or related rights) (i.e., See: Supreme Court 1420/2019; Supreme Court 1215/2019; Supreme Court 415/2018; Supreme Court 1051/2015; Supreme Court 1625/2014; Supreme Court 537/2010; and Supreme Court 4/2022. (3)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

LexBlog IP

JANUARY 24, 2024

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.

Copyright Law 52

Copyright Law Law Copyright Television 52

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 52

Intellectual Property Intellectual Property Law Related Rights Registration 52

TorrentFreak

JUNE 27, 2022

In 2019, a Prague court ruled that the file-sharing site must block searches for several film-related terms. Similar to YouTube, Facebook and Twitter, Uloz removes infringing content when it receives takedown notices but Czech anti-piracy group Dilia believes that the procedure doesn’t go far enough.

Copyright 132

Copyright Related Rights Music Business 132

SpicyIP

JANUARY 12, 2022

How India developed its negotiating stance and played the negotiating game would be of interest to students, experts and practitioners of multilateral negotiations as well as of intellectual property in general, and copyright and related rights in particular.”

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

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 103

Copying Copyright Law Copyright Social Media 103

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 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

MAY 4, 2022

According to PM, the specific musical repertoire in question was not represented by any collective management organisation (CMO) in Greece or abroad and, therefore, no copyrights, related rights, performance rights, or any other rights of third parties were owed.

Contracts 52

Contracts Music Related Rights Television 52

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

Copyright 104

Copyright Related Rights Reporting Intellectual Property 104

The IPKat

DECEMBER 15, 2023

In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament. With two separate amendments to the Copyright Act in 2019 and 2022 , one is hoping that with this 2023 Bill, the third time’s a charm and we can look to implementation.

IP 83

IP Intellectual Property Copyright Music 83

The IPKat

JULY 15, 2021

AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information? According to Poland, the answer should be in the negative. Such acknowledgement, continued the AG, would reflect CJEU case law itself.

Copyright 104

Copyright Law Related Rights Technology 104

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 40

IP Intellectual Property Invention Copyright 40

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 52

Television Copyright Blogging Law 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). .” Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

DECEMBER 14, 2022

The EcoDesign Directive’s 2019 Implementing Regulations obligate manufacturers of certain products to provide access to repair information, but these obligations are limited to professional repairers and they permit manufacturers to charge fees and create other restrictions in providing access.

Copyright 103

Copyright Cease and Desist Fair Use Publishing 103

Kluwer Copyright Blog

SEPTEMBER 20, 2023

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.

Art 80

Art Copyright Law Copyright Music 80

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 56

Government Database Right Intellectual Property Copyright 56

IP and Legal Filings

NOVEMBER 30, 2022

Now, by November 2019, all involved nations hope to have a pact finalised and signed. The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. In November 2012, in Cambodia, at the 21st Asean Summit, the RCEP discussions were launched.

Intellectual Property 68

Intellectual Property Marketing Marketing IP 68

TorrentFreak

JANUARY 22, 2023

” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned. As a result, ANCO’s work since 2013 and ANPFI’s work since 2019, came to an abrupt end last week when AGEPI terminated their status as collective management organizations.

Copyright Law 118

Copyright Law Music Law Copyright 118

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…).

Licensing 98

Licensing Related Rights Publishing Higher Education 98

Patently-O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

Litigation 105

Litigation Intellectual Property Business Government 105

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 67

Copyright Law Editing Related Rights 67

LexBlog IP

JANUARY 16, 2024

1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1]

IP 52

IP Copyright Art Related Rights 52

The IPKat

SEPTEMBER 19, 2022

The DSA will be a horizontal harmonization effort which will be lex generalis (general law) to the lex specialis (special law) contained in Article 17 of the DSM Directive (see further here in relation to an earlier stage of the legislative process relating to the DSA).

Art 135

Art Copyright Law Related Rights 135

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 59

Editing All Rights Reserved Publishing Copyright 59

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 60

Law Intellectual Property Related Rights Art 60

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 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 23, 2023

It is precisely at this point where the balanced legislative approach adopted by the EU in the 2019 CDSM directive could become a global template. ” While the first obligation is an evolved version of the language contained in the European Parliament’s report on the AI Act, the second obligation is new.

Copyright 98

Copyright Fair Use Publishing Reporting 98

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 117

Technology Publishing Social Media Intellectual Property 117

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 133

Publishing Copyright Related Rights Law 133

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 76

Blogging Non-Fungible Tokens IP Reporting 76

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 45

Art Related Rights Copyright Marketing 45

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 126

Copyright Publishing Journalism Art 126

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. Photo Credits: freestocks.org ( Pexels). Tugce Kucukali is an IPilogue Writer and incoming LL.M. Candidate at University of British Columbia. .

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Copyright Copyright Law Due Diligence Law 106