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

The IPKat

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.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

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

Kluwer Copyright Blog

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes. Option 3: adopt an exception for any use, with a possibility for rightholders to contract out.

IP 70
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Sunday Surprises

The IPKat

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. FIDE - The Metaverse As A Challenge To Classical IP - 29 June 2022 - Online The Metaverse steadily developed, and its role became even more central to the business.

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A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

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

Kluwer Copyright Blog

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement.

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

Kluwer Copyright Blog

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.