Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 52

Copying Law Copyright Law Copyright 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.

Reporting 52

Reporting Marketing Marketing Copyright 52

The IPKat

JULY 20, 2023

What those references have in common is that both were made in the field of broadcasting and concern issues of private copying under Article 5(2)(b) of the InfoSoc Directive. In this specific case, the question is whether broadcasters are entitled to fair compensation for private copying of fixations of their broadcasts.

Copying 40

Copying Law Copyright Publishing 40

TorrentFreak

APRIL 22, 2024

While a copy of the verdict is not immediately available, a release shared by rightsholders attributed the following quote to the Hanoi court Judge. We have asked the MPA for clarification, as its press release makes no mention of this, and will update the article when an official response comes in.

Branding 99

Branding Brands Branding Related Rights 99

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

Kluwer Copyright Blog

JUNE 6, 2022

In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression. This article was first published on The Digital Constitutionist and is reposted here with the kind permission of the authors.

Copyright 56

Copyright Settlement Law Copying 56

TorrentFreak

JANUARY 10, 2024

The confirmed prosecution will be for “Infringement of copyright and related rights” under Article 225 of the Penal Code; when a person (without the permission of the copyright holder) intentionally copies a copyrighted work and/or distributes copies of the work to the public, that person can be criminally prosecuted.

Advertising 90

Advertising Advertising Reporting Copying 90

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

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. Even when people make copies of tracks under Moldova’s private copyright exception, nobody gets paid. 230/2022 regarding copyright and related rights.”

Copyright Law 117

Copyright Law Music Law Copyright 117

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM. and certain specific rules.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis.

Related Rights 98

Related Rights Licensing Law Copyright 98

LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. 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).

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific related right under Section 72 of the UrhG.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) Any type of reporting on the user’s part towards a specific CMO may only concern the use of rights that the specific CMO represents.

Reporting 52

Reporting Music Related Rights Licensing 52

IP and Legal Filings

OCTOBER 28, 2022

Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Certain types of intellectual property rights must be considered in relation to the NFTs: 1. Patent: Blockchain-related inventions can be protected as patents. Conclusion.

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

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. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) CJEU judgments. Top System SA, C-13/20.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

APRIL 5, 2022

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. CJEU judgments and AG Opinions. Austro-Mechana, C-433/20.

Copyright Law 60

Copyright Law Copyright Law Music 60

LexBlog IP

NOVEMBER 8, 2023

If the use has clearly taken place and ceased before the exercise of the application, article 49 of Law 2121/1993 is applicable, dealing with reasonable and uniform remuneration in the context of regular proceedings or trials. Law 4481/2017 Article 6 of Law 4481/2017 states: 1. the award of the equitable remuneration).

Music 52

Music Related Rights Law Contracts 52

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

Litigation 143

Litigation Copying Copyright Designs 143

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.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). As a result, the original text of Article 15 CDSM was subject to a number of amendments. Article 43bis l.aut. Within 60 days from the entry into force of Article 43bis l.aut.,

Publishing 56

Publishing Law Contracts Licensing 56

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). As a result, the original text of Article 15 CDSM was subject to a number of amendments. Article 43bis l.aut. Within 60 days from the entry into force of Article 43bis l.aut.,

Publishing 52

Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

OCTOBER 4, 2023

The parody, pastiche, and caricature exception, enshrined in Article 5(3)(k) of the Information Society Directive ( InfoSoc ), represents an optional provision for EU member states to incorporate into their domestic legislation. Similarly, modern interpretations suggest that pastiche can also incorporate elements of critique.

Copyright Law 87

Copyright Law Art Copyright Law 87

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. Moreover, like most of the E&Ls of Article 5 ISD, the research exception remains optional for the Member States.

Copyright 107

Copyright Ownership Journalism Publishing 107

LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. 2) Does Article 3 of Directive 2001/29/EC.

Music 52

Music Television Copyright Related Rights 52

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).

Copyright 103

Copyright Marketing Marketing Licensing 103

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. Image Source: Shutterstock]. LEGISLATION IN INDONESIA.

Music 74

Music Copyright Copyright Infringement Moral Rights 74

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Critics of press publisher right argue that copyright is awarded to incentivize creativity by rewarding exclusivity.

Publishing 105

Publishing Marketing Marketing Advertising 105

Selvam & Selvam Blog

SEPTEMBER 7, 2023

The article aims to shed light on the nuances of well-known trademarks. It is pertinent to note that the doctrine – as provided under the abovementioned Article 6 bis – solely concerns itself with the trademark protection of goods, not services. Whirlpool Corporation and Ors. WELL-KNOWN TRADEMARK – WHAT IS IT?

Trademark 52

Trademark Registration Intellectual Property Business 52

Kluwer Copyright Blog

JUNE 29, 2023

The AG is of the opinion that such national legislation is precluded by EU law and in particular by Article 3(2) of Directive 2000/31 , as well as Article 16(1) and 2(d) of Directive 2006/123. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

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) ).

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

AUGUST 1, 2021

2(a) and (e) and Art. 3(1) of the InfoSoc Directive, in connection with Art.

Television 145

Television Art Advertising Advertising 145

Kluwer Copyright Blog

NOVEMBER 24, 2021

These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790). In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52