The IPKat

JANUARY 30, 2022

The IPKat has published several posts over the past two weeks! 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

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. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. Image by Ag Ku via Pixabay.

Copyright 104

Copyright Intellectual Property Publishing Reporting 104

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. because there is no public access regime that applies, or because third parties own intellectual property rights.

Government 56

Government Database Right Intellectual Property Copyright 56

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). Further, they have the right to choose whether they will join a Greek or a foreign organisation, and if so, which CMO that will be.

Copyright 52

Copyright Related Rights Television Law 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). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing 56

Publishing Law Contracts Licensing 56

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Intellectual Property Law in China, 2nd edition.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing 52

Publishing Law Contracts Licensing 52

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. Click here and here to know more. Click here to know more.

Intellectual Property 67

Intellectual Property Intellectual Property Law Contracts IP 67

Kluwer Copyright Blog

DECEMBER 26, 2021

However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. Stay tuned as a comment on the judgment is coming soon in the blog. CDSM Directive implementation.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

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 103

Copying Copyright Law Copyright Social Media 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. The implementation of the CDSM into French law.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

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 56

Contracts Intellectual Property Music Cinema 56

Kluwer Copyright Blog

DECEMBER 12, 2022

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA). [1] As a recent study demonstrates, commercial publishers currently derive more than two billion USD annually from APCs.

Copyright 126

Copyright Publishing Journalism Art 126

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 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

JANUARY 9, 2023

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. A vanishing right? The Sui Generis Database Right and the proposed Data Act by Paul Keller. [T]he T]he European Commission published its proposal for a Data Act. 17 DSM Directive 2019/790 (“DSMD”). . by Alexander Puutio. €

Copyright 95

Copyright Blogging Fair Use Reporting 95

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 52

Music Copyright Television Related Rights 52

LexBlog IP

NOVEMBER 8, 2023

The claimant had duly published a fee schedule for businesses who may have wished to use the musical works (such as cafes, restaurants, coffee shops, refreshment rooms, fast-food restaurants, coffee-patisseries, internet cafes, etc).

Music 52

Music Related Rights Law Contracts 52

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. This article was originally edited by, and first published on, www.lexology.com. Endnotes (1) Decision No. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 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). The post is published under a Creative Commons Attribution 4.0 Article 15 CDSMD: the new press publishers’ right (PPR).

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). This first part covers the definition of a work, authorship and moral rights. Germany has always had an extensive judicial practice in copyright law.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52