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. Voluntary Deindexing Confirmed Elsewhere in Europe.

Publishing 95

Publishing Television Government Copyright 95

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . The threshold to meet these requirements is similar to the traditional common law «skill, labour and judgement» test, and is often met whenever the photograph was not copied and shows a modicum of technical skill.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

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. For context, over the three years that the memorandum has been in action, more than 31 million links to pirated content have been carried out using the automated takedown system.

Related Rights 141

Related Rights Copying Copyright Government 141

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.

Government 141

Government Related Rights Copyright Law 141

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 Image by Mediamodifier from Pixabay.

Copyright 107

Copyright Ownership Journalism Publishing 107

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., This article was originally edited by, and first published on, www.lexology.com.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. Image Source: Shutterstock].

Music 79

Music Copyright Copyright Infringement Moral Rights 79

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.

Related Rights 98

Related Rights Licensing Law Copyright 98

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 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

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.

Copyright 108

Copyright Related Rights Law Copyright Law 108

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . European Union and Australian Approach for Press Publishers’ Interest.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

Selvam & Selvam Blog

SEPTEMBER 7, 2023

Statement of case should include details of successful enforcement of the trademark-related Evidence supporting the applicant’s rights and Details of successful enforcement of the trademark-related rights – specifically to the extent that it has been recognized as a well-known trademark by a Court in India or Registrar of Trademarks.

Trademark 52

Trademark Registration Intellectual Property Business 52

TorrentFreak

JANUARY 22, 2023

An EU assessment published early 2021 identified many areas in need of attention ( pdf ). ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned. Back in Moldova, rightsholder groups were moving ever closer to boiling point.

Copyright Law 124

Copyright Law Music Law Copyright 124

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

DECEMBER 18, 2022

Favouring the press publishers. This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

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

Kluwer Copyright Blog

SEPTEMBER 20, 2023

20 years later, Pelham composed (together with a second defendant), produced and released the hip-hop rap song “Nur mir”, which is underlain by a continuous loop of a two-second rhythmic sequence of metallic drum sounds that had been electronically copied from the “Metall auf Metall” phonogram.

Art 80

Art Copyright Law Copyright Music 80

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. The law is silent regarding the possibility of transferring and waiving this right, which suggests such possibilities to be lawful. Museu do Azulejo by G.P.

Art 103

Art Contracts Publishing Licensing 103

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).

Copyright Law 116

Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

APRIL 5, 2022

In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State. CJEU judgments and AG Opinions. Austro-Mechana, C-433/20.

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

JANUARY 18, 2023

Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. However, the making of copies for the purposes of cataloguing, indexing or making available remains reserved, even after the reform has come into force, for non-commercial organisations.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

JUNE 29, 2023

While sports events, as such, are not protected by copyright and related rights, the origanisers of these events may benefit from specific protection under national law. The next step in the legislative process are the trilogue meetings between the Commission, the European Parliament and the Council to agree on a final text.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. This article was originally edited by, and first published on, www.lexology.com. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 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.

Reporting 52

Reporting Music Related Rights Licensing 52

Kluwer Copyright Blog

OCTOBER 7, 2021

This eagerly awaited AG Opinion was published on 15 July 2021. 11 of the Charter of Fundamental Rights of the European Union. This seems to have pushed some EU Member States towards compliance, as at the end of September Portugal became the latest country to publish a national transposition proposal for the Directive.

Copyright Law 60

Copyright Law Copyright Law Television 60

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

The IPKat

SEPTEMBER 19, 2022

In other words: a copy-and-paste transposition of Article 17 is to be preferred to too a creative approach. In this post, I will summarize the content of my intervention, which concluded and recommended – along the lines of what I wrote here – a minimalistic approach to the transpositions of Article 17.

Art 135

Art Copyright Law Related Rights 135

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.

Music 52

Music Television Copyright Related Rights 52

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. Right of remuneration (Sections 32 et seqq. In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

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

DECEMBER 1, 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 OCSSPs (“online content-sharing services providers”). The post is published under a Creative Commons Attribution 4.0 Subject matter and right-holders.

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

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.

Copyright 56

Copyright Settlement Law Copying 56