The IPKat

OCTOBER 11, 2022

Article 108(3-bis) clarifies in fact that non-profit uses of cultural heritage items for purposes of study, research, freedom of expression or creative expression, and promotion of the knowledge of cultural heritage do not require authorization. As the name indicates, Le Musée intends to celebrate art.

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LexBlog IP

AUGUST 30, 2023

According to article 1(1): intellectual creators, by creating the work, acquire intellectual property over it, which includes, as exclusive and absolute rights, the right to exploit the work (property right) and the right to protect the personal link to it (moral right). Emphasis added.)

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Kluwer Copyright Blog

JANUARY 23, 2024

The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ). Here, the general rules apply.

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Copyright Infringement Copyright Law Journalism 124

TorrentFreak

SEPTEMBER 20, 2023

Following Russia’s full-scale invasion in February 2022, even closer ties with the EU became a matter of national urgency for Ukraine. On its western borders lay peace, opportunity, and the European Union. To the east, war, regression, and Vladimir Putin.

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Advertising Advertising Law Intellectual Property 101

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. Photo by Soragrit Wongsa on Unsplash. Simple photographs. .

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The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. The webinar is scheduled for 7 July 2022 from 3:00pm to 5:00pm (CEST) and would be open to SMEs from the U.S. Further information is available here.

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Kluwer Copyright Blog

JUNE 28, 2022

On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. Image by Pete Linforth from Pixabay. Introduction.

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The IPKat

MARCH 24, 2023

Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act). The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works.

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Copyright Moral Rights Fair Use Related Rights 82

Kluwer Copyright Blog

FEBRUARY 12, 2023

Introduction Last week, a preliminary hearing took place before the European Court of Justice (CJEU), in a case dealing with the implementation of the Collective Rights Management (CRM) Directive (2014/26/EU) in Italy. In essence, the combined provisions of Articles 4(2) and 20(2) of the Decree and Art. 633 of 1941).

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Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Image by Mediamodifier from Pixabay. The exception for the purpose of scientific research.

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The IPKat

JANUARY 30, 2022

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. Voting closes at midnight on January 31, 2022, and winners will be announced thereafter.

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Moral Rights Database Right Designs Design 76

Kluwer Copyright Blog

APRIL 12, 2022

On March 10 th , 2022, the Advocate General (AG) Pitruzzella delivered his Opinion on the case RTL Television GmbH v Grupo Pestana S.G.P.S., The latter does not directly provide for the mandatory establishment of an exclusive right of cable retransmission for the benefit of broadcasting organisations. et al ( C-716/20 ). 403/08 and C?429/08,

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Television Art Related Rights Copyright Law 56

LexBlog IP

NOVEMBER 8, 2021

This new authority, which should come into being on 1 January 2022, will replace the Conseil Supérieur de l’Audiovisuel and the Haute Autorité pour la diffusion des œuvres et la protection des droits sur Internet. 3] Article L. 4] Article L. 5] Article L. 333-10 of the French Sports Code.

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Intellectual Property Related Rights Law Advertising 52

IP and Legal Filings

DECEMBER 6, 2022

Music, with or without lyrics has been provided protection under this regime under Article 40 (1) (d) of the Act. 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.

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Music Copyright Copyright Infringement Moral Rights 74

Kluwer Copyright Blog

JANUARY 31, 2023

The situation was only different, according to the BGH, in the exceptional cases where providers intentionally collaborated with their customers to commit rights infringements. The “ uploaded III ” case also concerned the infringement of rights of communication to the public via the aforementioned file hosting and sharing service.

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Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State.

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Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

MAY 1, 2023

Image by Gerd Altmann from Pixabay Introduction In November 2022, almost 18 months after the transposition deadline, Law 4996/2022 (Of. In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights.

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Licensing Related Rights Publishing Higher Education 98

Kluwer Copyright Blog

JANUARY 9, 2023

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. Since then, courts in the U.S.

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Copyright Blogging Fair Use Reporting 95

TorrentFreak

JANUARY 22, 2023

In June 2022, EU leaders granted candidate status to the Republic of Moldova, noting that its reform agenda must continue until EU conditions are met. ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned.

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Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( 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 ). More specifically, Art.

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The IPKat

SEPTEMBER 4, 2022

Events IP Lawyers Tool - 1st World Robot Patent Drafting Symposium - 23 and 24 September 2022 - Cannes, France IP Lawyers Tool will hold the 1st World Robot Patent Drafting Symposium on 23 and 24 September 2022 from 1:00pm to 8:00pm (CEST). Further information about the 2022 Conference Program and registration can be found here.

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Intellectual Property Registration IP Patent Drafting 85

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'.

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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. The principle of appropriate and proportionate remuneration of articles 18 and 20 of the CDSM. If the exploitation of the work is financially more successful than envisaged, Article L.131-5

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Contracts Intellectual Property Cinema Copying 96

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

DECEMBER 12, 2022

Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Other relevant limitations and exceptions in EU law permit the use of “quotations for purposes such as criticism or review” 9b and the making available of articles on dedicated terminals in library networks.

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Copyright Publishing Journalism Art 126

Kluwer Copyright Blog

DECEMBER 26, 2021

On 6 October 2021, the CJEU issued its judgment in Top System , where central questions revolved around computer program decompilation as per Article 5(1) of Directive 91/250/EEC. The consultation closes on 7 January 2022. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) CJEU judgments.

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Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The exception is broadly similar to that contained in Article 3 of the Directive.

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Copying Copyright Law Copyright Social Media 103

Kluwer Copyright Blog

JANUARY 18, 2023

The 2021 copyright law reform also saw the exemption provisions concerning teaching purposes being updated in line with the requirements of the DSMD, specifically to implement Article 5 of the DSMD. This is based on Article 6 and Article 8 of the DSMD. The new related right for press publishers (Sections 87 et seqq.

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Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

MAY 18, 2022

Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. Photo by Aneeque Ahmed, NounProject.com. Thus, we propose a solution in the form of introducing a new EU-level institution.

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Copyright Marketing Marketing Law 52

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. It remains to be seen how future agreements will be negotiated.

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Contracts Intellectual Property Music Cinema 56

Kluwer Copyright Blog

MARCH 21, 2023

The provision only applies to literary works, audiovisual work, phonograms, and visual works embedded into these works e.g. books (article 1(2) OWD). The cultural heritage institutions that want to use this system must conduct a diligent search for the rightholders (article 3 OWD).

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The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

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Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

NOVEMBER 20, 2022

Likewise, when the Uffizi Museum sent a letter to the French maison Jean Paul Gauthier back in April 2022 asking to cease all uses of “ the Birth of Venus ” in their Le Musée collection, it possibly thought it would eventually receive – at the very least – some kind of reply. Yet, she kept ignoring him. Second, Art.

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Artwork Public Domain Art Copyright 56

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 ".

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Kluwer Copyright Blog

DECEMBER 1, 2022

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”). While Part 1 focused on Article 15 CDSMD, Part 2 considers Article 17 CDSMD. Subject matter and right-holders.

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Kluwer Copyright Blog

OCTOBER 26, 2022

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. The impact of the Judgement on National Implementations.”

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Art Copyright Intellectual Property Publishing 52

Kluwer Copyright Blog

NOVEMBER 29, 2022

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). After a brief word on the transposition options available to the Member States, it will focus on Article 15 CDSMD.

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