Kluwer Copyright Blog

APRIL 12, 2022

The latter does not directly provide for the mandatory establishment of an exclusive right of cable retransmission for the benefit of broadcasting organisations. However, Member States can provide for such a right in their legislations. Rights of authors and related rights: united or separated? 403/08 and C?429/08,

Television 56

Television Art Related Rights Copyright Law 56

Kluwer Copyright Blog

DECEMBER 28, 2021

Regarding the entitlement to the rights, the recording and broadcast of a sports event are protected by related rights, which are respectively granted to producers of audiovisual works for the first fixation of the film and to broadcasting organisations for the transmission of broadcast signals for public reception.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

The IPKat

JUNE 26, 2022

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. The event will take place from 31 October to 1 November 2022 at the Faculty of Law of the University of Cyprus, in Nicosia, and will be offered in a blended format.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

APRIL 22, 2022

A recent report in the context of the reCreating Europe project addresses this question, building on previous work from some of its authors, namely a study on “Trends and Developments in Artificial Intelligence: Challenges to IP” (summarised in a previous post ) and this article. More from our authors: Law of Raw Data.

Music 67

Music Copyright Derivative Work Ownership 67

Patently-O

FEBRUARY 17, 2023

Peter Toren is an experienced criminal trade secret litigator who served for many years in the as a federal prosecutor with the Computer Crime and Intellectual Property Section of the Criminal Division of the United States Department of Justice where he served as Acting Deputy Chief.

Litigation 105

Litigation Intellectual Property Business Government 105

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. Consider the case of France, the first Member State to implement Article 15. In Spain, the implementation of the right was analogously broad.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

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'.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

Kluwer Copyright Blog

APRIL 5, 2022

Among many other things, the proposal seeks to clarify the application of the Database Directive , namely the “accidental or unintended application of the sui generis right to databases containing machine-generated data”. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

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

NOVEMBER 11, 2021

The obvious mandate of this article is that, when OCSSPs meet those conditions, they are not liable for the unauthorised acts of communication to the public. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Jan Bernd Nordemann, Christian Czychowski. €

Art 116

Art Law Intellectual Property Intellectual Property Law 116

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

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. 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

Kashishipr

NOVEMBER 10, 2021

A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

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

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. de Gregorio & Pollicino 2021 ; de Gregorio 2020 ).

Copyright 60

Copyright Intellectual Property Copyright Law Law 60