Contracts, Copyright, Intellectual Property and Related Rights

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. This post presents some of the highlights of the Protocol.

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

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. A look to the past before planning for the future.

Role Of Intellectual Property Rights In The Era Of Quantum Technology

IIPRD

NOVEMBER 23, 2022

What kinds of IP related rights would apply to quantum computing technology? This article will provide the holistic view of the current framework of IP and its related rights and how would it balance the interests of innovators/stakeholders and the interest of public. Copyright Protection and Enforcement.

Intellectual Property

Intellectual Property Technology Intellectual Property Law Public Domain

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

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. Current EU copyright framework. In this post, its author provides a brief outline.

Copyright

Copyright Ownership Journalism Publishing

Never Too Late: If you missed the IPKat last week!

The IPKat

DECEMBER 23, 2023

The case relates to a trade mark application to register the word mark 'BASMATI' for rice, which is being opposed on the basis of the UK law of passing off. Copyright and Designs Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023.

Intellectual Property

Intellectual Property IP Copyright Law Invention

Eurasia and IP

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

The Eurasian Economic Commission also directs efforts towards adequate, comprehensive research on the possible negative trends concerning trade in intellectual property, in order to develop measures to overcome them together with Member States of the Eurasian Economic Union.

Intellectual Property

Intellectual Property IP Contracts Registration

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. The first of this series of blog posts on copyright reform at WIPO analyzes the history of the discussions on L&Es.

Copyright

Copyright Intellectual Property Publishing Reporting

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

Copyright: WIPO. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Requires right to prevent the retransmission of a programme that has been stored after its original linear transmission.

Public Domain

Public Domain Contracts Copyright Licensing

Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. To introduce a mechanism of extended copyright licensing.

Copyright Law

Copyright Law Law Copyright Television

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

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

Contracts

Contracts Music Related Rights Television

UK Government axes plans to broaden existing text and data mining exception

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 should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government

Government Related Rights Copyright Law

Sunday Surprises

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. and Copyright in Graffiti and Street Art). Diversity and Inclusion Today, Would you like some IP with your Wine?,

Intellectual Property

Intellectual Property IP Registration Copyright

Collective management of copyright and neighbouring rights in Greece

LexBlog IP

AUGUST 4, 2021

Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Introduction. Such remuneration is payable only to CMOs. Legislative background.

Copyright

Copyright Related Rights Television Law

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

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Computer-generated works (CGW).

IP

IP Inventor Invention Intellectual Property

Never Too Late: If you missed the IPKat the past 2 weeks!

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. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights

Moral Rights Database Right Designs Design

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

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data. 1(6) Open data directive).

Government

Government Database Right Intellectual Property Copyright

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Protection of technical measures (Section 95a UrhG).

Contracts

Contracts Copyright Law Cease and Desist

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. Photo by Markus Spiske on Unsplash. CDSM Directive implementation.

Copyright Law

Copyright Law Copyright Law Reporting

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

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 Irish legislative transposition finally became law on 19 November 2021. Section 53A).

Copying

Copying Copyright Law Copyright Social Media

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

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. Click here and here to know more. Click here to know more. More information here.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author. Remuneration of authors under French copyright law before the 2021 Order. If the exploitation of the work is financially more successful than envisaged, Article L.131-5

Contracts

Contracts Intellectual Property Cinema Copying

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

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] The new copyright rules relevant to “Big Deals”. In current practice, authors are expected to assign or exclusively license their copyright to publishers.

Copyright

Copyright Publishing Journalism Art

CDSM: French transposition on the remuneration of performers

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.

Contracts

Contracts Intellectual Property Music Cinema

Case study: “copyright-free” in-store music and collective management

LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. It may therefore be concluded that such right is not assigned to a CMO.

Music

Music Copyright Television Related Rights

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix. 43bis (9)).

Publishing

Publishing Law Contracts Licensing

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix. 43bis (9)).

Publishing

Publishing Law Contracts Licensing

Athens court rules on moral damages in software infringement case

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

Copying Copyright Law Copyright Editing

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops).

Music

Music Related Rights Law Contracts

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. 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). Targeted users. by Edward J.

Reporting

Reporting Marketing Marketing Copyright

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

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

Moral Rights

Moral Rights Law Copyright Copyright Law

Intellectual Property Pulse

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

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

Trending Sources

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

Role Of Intellectual Property Rights In The Era Of Quantum Technology

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Never Too Late: If you missed the IPKat last week!

Eurasia and IP

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

Whither a Signal-Based Broadcast Treaty?

Key 2023 update: EU Directive implemented in Greek copyright law

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

UK Government axes plans to broaden existing text and data mining exception

Sunday Surprises

Collective management of copyright and neighbouring rights in Greece

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

Never Too Late: If you missed the IPKat the past 2 weeks!

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

EU copyright law round up – fourth trimester of 2021

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Top 10 Posts on the Kluwer Copyright Blog in 2022

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

Friday Fantasies

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

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

CDSM: French transposition on the remuneration of performers

Case study: “copyright-free” in-store music and collective management

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Athens court rules on moral damages in software infringement case

Court clarifies process for CMO equitable remuneration

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 1

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

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