Contracts, Information, Licensing and Related Rights

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. All this would serve to ‘foster the availability of reliable information’.

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

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts

Contracts Music Related Rights Television

A summary look at the Portuguese transposition of the CDSM Directive

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

Art Contracts Publishing Licensing

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. In addition, claims for information are provided for at various points in the UrhG. According to the BGH, appropriate meant what a sensible licensor would have demanded when granting rights and what a sensible licensee would have accepted.

Contracts

Contracts Copyright Law Cease and Desist

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Copyright: WIPO.

Public Domain

Public Domain Contracts Copyright Licensing

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. More information here. More information to come.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

JANUARY 24, 2024

It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. To introduce a mechanism of extended copyright licensing. Audiovisual works are excluded.

Copyright Law

Copyright Law Law Copyright Television

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

The IPKat

FEBRUARY 3, 2023

While TDM may be performed in different ways, the key value of predictive TDM processes thus lies in facilitating the treatment, recombination, and extraction of further knowledge from large amounts of data and text, allowing the identification of patterns and associations between seemingly unrelated pieces of information.

Government

Government Related Rights Copyright Law

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

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. 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

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers. 43bis (9)).

Publishing

Publishing Law Contracts Licensing

‘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

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. This could cause problems in cases when the publishing contract is governed by non-EU law. Recommendations.

Copyright

Copyright Ownership Journalism Publishing

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions.

Music

Music Related Rights Law Contracts

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.

Publishing

Publishing Art Related Rights Marketing

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

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] In current practice, authors are expected to assign or exclusively license their copyright to publishers. Scientometrics (2022): [link]. [3] 8] (a) Art.

Copyright

Copyright Publishing Journalism Art

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

Based on information gathered through a questionnaire distributed to national experts from each examined Member State, the report assesses the compliance of the national implementations with the internal market objective of the Directive and the EU’s law of fundamental rights. Licensing the PPR. Targeted users.

Reporting

Reporting Marketing Marketing Copyright

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

The IPKat

AUGUST 24, 2021

Such discretion ranges from the very option to do something in the first place to shaping the actual content of rights and rules. An example of the former is the possibility, under Article 12, to provide for collective licensing with an extended effect. Are national legislatures entirely to blame for this? In fairness, not.

Publishing

Publishing Copyright Related Rights Law

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

AUGUST 1, 2021

The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. The defendant operated the platform based on license agreements with TV channel operators. Is "communication to the public" in Art. 2(a) and (e) and Art. 2(a) and (e) and Art.

Television

Television Art Advertising Advertising

Sunday Surprises

The IPKat

JUNE 26, 2022

Further information is available here. The website of the event contains information about the programme and registration. 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.

Intellectual Property

Intellectual Property IP Registration Copyright

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

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

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government

Government Database Right Intellectual Property Copyright

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages.

Copying

Copying Copyright Law Copyright Editing

Intellectual Property Pulse

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

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

Trending Sources

A summary look at the Portuguese transposition of the CDSM Directive

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

Whither a Signal-Based Broadcast Treaty?

Friday Fantasies

Key 2023 update: EU Directive implemented in Greek copyright law

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

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

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

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

Court clarifies process for CMO equitable remuneration

Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

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

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

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

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

Sunday Surprises

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

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

Athens court rules on moral damages in software infringement case

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