2020 and Related Rights - Intellectual Property Pulse

ARIPO Member States adopt the Kampala Protocol on Voluntary Registration of Copyright and Related Rights

The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda.

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright. Audiovisual globalisation.

CJEU has received first reference on DSM Directive

The IPKat

OCTOBER 25, 2023

Between 2016 and 2020, the labour unions of the ONB musicians and the ONB unsuccessfully tried to negotiate a collective agreement. 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.

3 Count: Time’s Side

Plagiarism Today

JULY 26, 2022

However, under the conventional theory of damages, Starz would have only been eligible for damages on infringements going back to May 2017, three years before the lawsuit was filed in May 2020. However, the Ninth Circuit has ruled that is not the case.

Settlement

Settlement Copyright Infringement Reporting Plagiarism

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

The WIPO Files I: the quest to protect user rights

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es.

Intellectual Property

Intellectual Property Related Rights Intellectual Property Law Copyright

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994. million Euro.

Copying

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

Compensation presupposes culpability and infringement of IP (or related rights) (i.e., And article(2) stipulates that: while whoever culpably infringed the intellectual property or related rights of another is obliged to compensate and satisfy the moral damage. 5) Supreme Court 484/2020. (6)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

Related Rights

Related Rights Licensing Law Copyright

Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2022

More on this in a separate post… And here are matters this Kat is keeping 3 of the 5 senses, alert for: As reported on The IPKat in May , the Africa Group at WIPO proposed a Work Program on Limitations and Exceptions (L&Es) to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR).

IP

IP Patent Intellectual Property Government

An Outline on South Africa and India’s WTO IP waiver

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. WTO Council meeting held in October 2020. WTO Council meeting held in November-December 2020.

IP

IP Related Rights Patent Technology

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

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

Contracts Music Related Rights Television

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

The Act mandated the creation of two Collective Management Organizations, or CMAs, one for representing the interests of the authors and the other to safeguard the interests of related rights owners. The Act further lays down the limitations on copyrights, provides and establishes penalties for infringement. 10.21831/jss.v16i2.31055.

Music

Music Copyright Copyright Infringement Moral Rights

Bulgarian ISPs Will Block Pirate Bay & Zamunda, But Not Before a Fight

TorrentFreak

JUNE 3, 2023

Recording Industry Behind The Action The initial claim was filed in February 2020 by the Bulgarian Association of Music Producers (BAMP) with support from IFPI, the International Federation of the Phonographic Industry. ” Bulgarian ISPs Fight Back One of the ISPs, identified only as ‘N.1’

Music

Music Copyright Infringement Copyright Reporting

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2023

In September , the Kenya Copyright Board announced the initiation of the Blank Tape Levy collection , effective from September 15th, 2023, as outlined in Section 28(3)(6) and 30(6) of the Kenya Copyright Act and the Second Schedule part B of the Copyright Regulations 2020. This Bill aims to repeal the Copyright Act 2001 in its entirety.

IP

IP Intellectual Property Copyright Music

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

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Kluwer Copyright Blog

APRIL 22, 2022

Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. An overview of how the 13 teams of the 2020 AI Song Contest considered human and AI roles in different music building blocks ( source ). More from our authors: Law of Raw Data.

Music

Music Copyright Derivative Work Ownership

The WIPO Files II: is international lawmaking on copyright still possible?

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. In 2020 and 2021, the Committee held hybrid format sessions of online and in-person participation, with most of the delegations attending remotely.

Copyright

Copyright Intellectual Property Publishing Reporting

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

Kluwer Copyright Blog

DECEMBER 14, 2022

The conflict between repair information exclusivity and the public interest came to a head in 2020 when iFixit, an online source for repair resources, published its medical device library in response to the COVID-19 crisis. This has allowed manufacturers and rightsholders to curtail their unauthorised reproduction and communication online.

Copyright

Copyright Cease and Desist Fair Use Publishing

Cambodia and its RCEP Accession

IP and Legal Filings

NOVEMBER 30, 2022

On November 15th, 2020, Cambodia completed the Regional Comprehensive Economic Partnership (RCEP), the largest free trade agreement, which included 10 ASEAN members and 5 additional regional nations with which ASEAN already had free trade agreements in place.

Intellectual Property

Intellectual Property Marketing Marketing IP

Protecting Product and Packaging Designs in China Part II – Copyright

LexBlog IP

MAY 18, 2022

In a judicial interpretation entitled Opinions on Strengthening the Protection of Copyright and Copyright-Related Rights, issued in 2020, the SPC allowed parties to preserve, fix, and submit evidence by blockchain and digital timestamp.

Designs

Designs Design Copyright Artistic Work

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

IP

IP Inventor Invention Intellectual Property

False Association Under 2(a) is not the Same As Likelihood of Confusion Under 2(d)

LexBlog IP

SEPTEMBER 1, 2021

Schiedmayer Celesta GmbH , [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). In Piano Factory Group, Inc.

Registration

Registration Music Branding Brands

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

Kluwer Copyright Blog

JUNE 28, 2021

In a 2020 post on this Blog ( here ), we have further updated that the Court of Milan issued similar orders against some hosting providers and the CDN operator Cloudfare Inc., whose services were used for distributing the illicit IPTV services. million to 30.9

Television

Television Copyright Blogging Law

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

Kluwer Copyright Blog

SEPTEMBER 20, 2023

When the German Federal Court of Justice (BGH) issued its fourth ruling in the “Metall auf Metall” copyright sampling case in April 2020, it seemed that the dispute would finally reach the top of the hill (see here ). In 1977 Kraftwerk released a phonogram featuring the instrumental electronic song “Metall auf Metall” (Metal on Metal).

Art

Art Copyright Law Copyright Music

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. because there is no public access regime that applies, or because third parties own intellectual property rights.

Government

Government Database Right Intellectual Property Copyright

AI Music Outputs: Challenges to the Copyright Legal Framework – Part II

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music

Music Copyright Related Rights Ownership

Kluwer Copyright Blog

JANUARY 18, 2023

The new related right for press publishers (Sections 87 et seqq. A further addition has been the introduction of a new related right for press publishers in Sections 87 et seqq. As the related right for press publishers only contains economic elements, it is transferable in full, as per Section 87g(3) UrhG.

Copyright

Trending Sources

CJEU has received first reference on DSM Directive

3 Count: Time’s Side

Protection of Nonfungible Tokens in Indonesia

The WIPO Files I: the quest to protect user rights

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Does food flavouring constitute a “work”?

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

Establishment and operation of CMOs in Greece

Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

An Outline on South Africa and India’s WTO IP waiver

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

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

Bulgarian ISPs Will Block Pirate Bay & Zamunda, But Not Before a Fight

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

AI and IP – A real conversation starter

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

The WIPO Files II: is international lawmaking on copyright still possible?

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

Cambodia and its RCEP Accession

Protecting Product and Packaging Designs in China Part II – Copyright

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

False Association Under 2(a) is not the Same As Likelihood of Confusion Under 2(d)

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

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

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

AI Music Outputs: Challenges to the Copyright Legal Framework – Part II

Top 10 Posts on the Kluwer Copyright Blog in 2022

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

EU copyright law round up – fourth trimester of 2021

RARBG Shut Down in the Middle of a Bulgarian Piracy Crackdown

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!

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

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

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

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Stay Connected