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. The post is published under a Creative Commons Attribution 4.0 Current EU copyright framework.

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Copyright Ownership Journalism Publishing 107

The IPKat

DECEMBER 1, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP). Rules of Voting Only ONE vote per person.

Social Media 120

Social Media Intellectual Property Intellectual Property Law Related Rights 120

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law.

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Copyright Law Copyright Law Music 60

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).

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Reporting Marketing Marketing Copyright 52

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.

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Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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Copyright Related Rights Artistic Work Public Domain 56

The IPKat

JULY 20, 2023

Seven.One vs the seven lives (and one great love) of a Kat Ahead of the August break, last week was a busy one for copyright at the Court of Justice of the European Union (CJEU). On 13 July last, in fact, Advocate General (AG) Collins issued his Opinion in Seven.One , C-260/22 , and the Court published its judgment in Ocilion , C-426/21.

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Copying Law Copyright Publishing 40

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

TorrentFreak

JANUARY 10, 2024

Police say Huy and Nhan were tasked with downloading, editing and distributing movies, but offered no specific details in relation to that work. Images of all three men have since been published online, but the main focus is on alleged ringleader, Phan Ngoc Tuan.

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Advertising Advertising Reporting Copying 90

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

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Music Copyright Copyright Infringement Moral Rights 74

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). The Italian press publishers’ “creative” negotiation and licensing scheme. Image via needpix. Article 43bis l.aut.

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Publishing Law Contracts Licensing 56

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). The Italian press publishers’ “creative” negotiation and licensing scheme. Image via needpix. Article 43bis l.aut.

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Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. Copyright Code still regulates all the permitted uses of protected works and other subject matter, while Art. Museu do Azulejo by G.P. However, Art.

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Art Contracts Publishing Licensing 103

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). This is made worse by the difficulty in accessing funds to purchase licenses for online resources from publishers.

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Copyright Related Rights Law Copyright Law 108

Kluwer Copyright Blog

DECEMBER 1, 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 OCSSPs (“online content-sharing services providers”).

Reporting 52

Reporting Marketing Marketing Copyright 52

The IPKat

DECEMBER 28, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP). You can check out the previous nominees and winners here.

Social Media 57

Social Media Intellectual Property Intellectual Property Law Related Rights 57

Kluwer Copyright Blog

DECEMBER 18, 2022

Favouring the press publishers. Yet the Croatian legislator caters to the printed press thrice in its ‘new and better version’ of the Croatian Copyright Act (CCA). Works of authorship are protected through economic and moral rights afforded to the copyright holder.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

The IPKat

DECEMBER 15, 2023

The first 2 posts covered copyright and trade marks. IPR Recordation was introduced through the Statute Law (Miscellaneous Amendments) Act of 2018 under Section 34B of the Anti-Counterfeit Act which requires all intellectual property rights relating to goods imported into Kenya to be recorded with the ACA.

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IP Intellectual Property Copyright Music 83

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. Claims under copyright law.

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Contracts Copyright Law Cease and Desist 98

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.

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Government Related Rights Copyright Law 141

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. This eagerly awaited AG Opinion was published on 15 July 2021. 11 of the Charter of Fundamental Rights of the European Union. Photo by Markus Spiske on Unsplash.

Copyright Law 60

Copyright Law Copyright Law Television 60

TorrentFreak

DECEMBER 16, 2022

As reported in February 2022, notices published on the Lumen Database referenced well over one hundred pirate sites, all of which had been previously blocked for copyright infringement under the orders of the High Court in London. From: TF , for the latest news on copyright battles, piracy and more.

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Publishing Television Government Copyright 90

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). Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

TorrentFreak

DECEMBER 13, 2021

Of the total domains affected by the deletions, around 20% of the domains were found to carry more than 100 links to unlicensed copies of movies and TV shows. From: TF , for the latest news on copyright battles, piracy and more. “This indicates the systemic nature of violations. Expansion of Memorandum 2.0.

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Related Rights Copying Copyright Government 136

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. 3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense.

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Copying Copyright Law Copyright Editing 52

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. and certain specific rules.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark.

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

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Art Copyright Law Related Rights 135

LexBlog IP

OCTOBER 13, 2021

Cost of rights management by CMOs. Law 4481/2017 also regulates the cost of rights management by CMOs, which must be reasonable. Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights.

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Related Rights Licensing Law Copyright 98

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Applicable legal provisions The relevant law in this case was Law 2121/1993.

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Intellectual Property Moral Rights Related Rights Art 52

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) This article was originally edited by, and first published on, www.lexology.com.

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Reporting Music Related Rights Licensing 52

Kluwer Copyright Blog

SEPTEMBER 20, 2023

When the German Federal Court of Justice (BGH) issued its fourth ruling in the “Metall auf Metall” copyright sampling case in April 2020, it seemed that the dispute would finally reach the top of the hill (see here ). In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art. 5 InfoSoc Directive.

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Art Copyright Law Copyright Music 80

Kluwer Copyright Blog

JUNE 6, 2022

Therefore, a copy-paste implementation of the provision during the implementation process is simply not an option if no additional guidelines are provided on how the safeguards can be made operational in practice. This article was first published on The Digital Constitutionist and is reposted here with the kind permission of the authors.

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Copyright Settlement Law Copying 56

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).

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Music Related Rights Law Contracts 52

LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

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Music Television Copyright Related Rights 52