The IPKat

OCTOBER 11, 2022

As the name indicates, Le Musée intends to celebrate art. It features reproductions of paintings by classic masters, including Botticelli’s. The Florence museum, where Venus is held, was nonetheless unimpressed with this homage.

Artwork 143

Artwork Public Domain Moral Rights Art 143

LexBlog IP

AUGUST 30, 2023

Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral). Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

AUGUST 1, 2021

Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. Is "communication to the public" in Art. has the sole administrator rights for the streaming platform, c. 2(a) and (e) and Art.

Television 145

Television Art Advertising Advertising 145

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 134

IP Patent Intellectual Property Government 134

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

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Non-fungible tokens (“NFTs”) continue to be popular. data retention.

Non-Fungible Tokens 85

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 85

Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

The form of IPR that seems to have a role here is Copyright and the related rights system. Conventional IPR. As we are looking at communities as the owners and custodians of the TCEs, the ownership of copyrights should be collective.

Derivative Work 68

Derivative Work Ownership IP Intellectual Property 68

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

Designs 52

Designs Design Copyright Artistic Work 52

Kluwer Copyright Blog

FEBRUARY 12, 2023

35/2017, whose Art. The reason is that, as noted below, the Directive provides that IMEs can be in charge of the collective management of copyright and related rights and that, inter alia , “ right holders should be free to entrust the management of their rights to independent management entities.”

Copyright 67

Copyright Law Marketing Marketing 67

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

For an art form to qualify as a Traditional Cultural Expression, it must satisfy the following conditions: Must be handed down intergenerationally, either by imitation or orally. The legal doctrines involved are closely related to copyrights and related rights systems. Why is their protection important? Conclusion.

Intellectual Property 52

Intellectual Property Public Domain Music IP 52

The IPKat

JANUARY 30, 2022

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right.

Moral Rights 76

Moral Rights Database Right Designs Design 76

The IPKat

NOVEMBER 9, 2021

The first interesting feature of the Swedish proposal is that it does not use the exact same wording of the Directive insofar as safe harbour availability is concerned: the bill seems to provide for the inapplicability of Article 14 of the Ecommerce Directive to the activities within the scope of Art 17 of the DSM Directive … and beyond.

Government 137

Government Copyright Related Rights Law 137

The IPKat

DECEMBER 15, 2023

In June , the Cabinet Secretary for Youth Affairs, Sports, and the Arts in Kenya approved the new consolidated Music Tariffs covering January 1, 2023, to December 31, 2024. In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament.

IP 83

IP Intellectual Property Copyright Music 83

Kluwer Copyright Blog

NOVEMBER 11, 2021

Indeed, the Spanish transposition of the CDSM Directive , which was approved overnight by means of a Government Decree published on the 3 rd of November and which entered into force the following day, came with some surprises, including an apparent carve out from the liability exemption granted in Art. As is well known, Art.

Art 116

Art Law Intellectual Property Intellectual Property Law 116

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art 103

Art Contracts Publishing Licensing 103

The IPKat

APRIL 8, 2023

Other Italian and foreign copyright and related rights collecting societies have also claimed that their music catalogues were taken down illegitimately and have requested Meta to restore their music on the relevant services. It could test the applicability of Art. 5 (3) Barnier Directive; Art. 17 (4), a). 17 (4), b).

Music 129

Music Art Copyright Related Rights 129

Kashishipr

AUGUST 31, 2022

When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs). Being a copyright owner or holder, you have the exclusive right to require a license for your creative work’s use.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

43(B)log

FEBRUARY 4, 2022

The Impact of the German Implementation of Art. Abstract: Germany transposed Art. 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.

Art 45

Art Related Rights Copyright Marketing 45

The IPKat

JUNE 26, 2022

and Copyright in Graffiti and Street Art). Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents. closing dinner), IP Lunches (incl. Diversity and Inclusion Today, Would you like some IP with your Wine?,

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

The IPKat

JULY 15, 2021

Interference with freedom of expression/information The AG considered that freedom of expression/information (but also freedom of the arts in some cases) “is undeniably relevant in the present case” and that Article 17 does interfere with it. However, the AG agreed with Poland that in many cases ACR tools will be used.

Copyright 104

Copyright Law Related Rights Technology 104

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

TorrentFreak

JANUARY 22, 2023

” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned. With a smooth transition under the new law rendered impossible right from the start, AGEPI’s latest move appears to have turned artists’ rights into a dumpster fire.

Copyright Law 118

Copyright Law Music Law Copyright 118

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

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. 3 provides that Member States shall provide for an exception or limitation for text and data mining for the purposes of scientific research, and Art. 4(1) and 4(3). 4(1) and 4(3).

IP 52

IP Copyright Art Related Rights 52

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. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive and Art.

Art 85

Art Law Related Rights Marketing 85

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 56

Music Copyright Related Rights Ownership 56

Kluwer Copyright Blog

AUGUST 18, 2021

But the 2019 Open data directive makes this even more explicit, by mandating that “The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of documents or to restrict re-use…” Art. 1(6) Open data directive).

Government 56

Government Database Right Intellectual Property Copyright 56

Kluwer Copyright Blog

OCTOBER 26, 2022

The Impact of the German Implementation of Art. On 26 April 2022, the CJEU dismissed the annulment action initiated by the Republic of Poland against Art. The Member States of the European Union follow different approaches when it comes to the implementation of Art. 17 CDSM Directive on Selected Online Platforms”.

Art 52

Art Copyright Intellectual Property Publishing 52

Kluwer Copyright Blog

MARCH 8, 2023

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 ). Among other modifications, special attention should be given to the enactment of the new Art. 51B, which transposes the much-debated Art.

Publishing 52

Publishing Art Related Rights Marketing 52

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…). This provision, which has been retained with minor changes, covers only analogue uses and applies only to the reproduction right.

Licensing 98

Licensing Related Rights Publishing Higher Education 98

Kluwer Copyright Blog

OCTOBER 4, 2023

This provision, while optional, is rendered mandatory for online use on select major platforms under Article 17(7) of the copyright and related rights in the Digital Single Market Directive ( CDSM ). In contemporary art, pastiche, such as composite paintings, serves as a means of commenting on culture, systems, ideologies, and more.

Copyright Law 87

Copyright Law Art Copyright Law 87

Kluwer Copyright Blog

APRIL 5, 2022

This report examines 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. International federation for the phonographic industry (IFPI), Global Music Report 2021.

Copyright Law 60

Copyright Law Copyright Law Music 60

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 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

OCTOBER 7, 2021

AG Saugmandsgaard Øe suggests that Art. 17 is in principle compatible with the freedom of expression and information guaranteed in Art. 11 of the Charter of Fundamental Rights of the European Union. A more extensive analysis of the Opinion, together with the Commission’s Guidance on Art.

Copyright Law 60

Copyright Law Copyright Law Television 60

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.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right. A more problematic gold-plating transposition is the provision of Art.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102