Copyright, Information, Marketing and Related Rights

[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

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’.

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

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

Reporting Marketing Marketing Copyright

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

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). Targeted users.

Reporting

Reporting Marketing Marketing Copyright

Member States referred to the CJEU for failure to transpose copyright directives into national law

Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

Copyright

Copyright Law Editing Related Rights

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Wallster, Inc. Redbubble, Inc., LEXIS 198181 (C.D.

Copyright

Copyright Social Media Copyright Infringement Publishing

‘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.

Copying

Copying Copyright Law Copyright Social Media

Portugal strengthens copyright protection on the Internet

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. This law shows once again the tension and concerns involved in balancing freedom of expression on the one hand with copyright protection on the other hand.

Copyright

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Kluwer Copyright Blog

DECEMBER 14, 2022

Repair and maintenance information is often crucial for the repair of today’s increasingly complex and computerised products and devices. The InfoSoc Directive’s non-mandatory exception for the “uses in connection with the repair or demonstration of equipment” suggests an avenue for enabling wider access to repair information.

Copyright

Copyright Cease and Desist Fair Use Publishing

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive. Copyright Office on August 30. Opting out – but how?

Copyright

Copyright Fair Use Publishing Reporting

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Kluwer Copyright Blog

DECEMBER 20, 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. For instance, copyright protection has been denied to photographs taken by paparazzi and photographs of sport events.

Copyright

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

Kluwer Copyright Blog

DECEMBER 12, 2022

The new copyright rules relevant to “Big Deals”. Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Under the law of copyright, the authors of works of science are the copyright owners of their published articles.

Copyright

Copyright Publishing Journalism Art

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

The IPKat

APRIL 8, 2023

by Deborah De Angelis On March 16th , Meta (the American information technology company which owns Facebook, Instagram, and WhatsApp) removed the music catalogue of SIAE, the Italian copyright collecting society, from its services due to the parties’ inability to reach an agreement to renew the pre-existing licence. 17 (4), a).

Music

Music Art Copyright Related Rights

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Kluwer Copyright Blog

MARCH 30, 2022

The first part examined the legal nature of the VSE rule, concluding that it ought to be qualified not as an ‘exception’, but as a ‘limitation’ to the scope of the right. It was also highlighted that even though the Directive justifies the limitation on economic grounds, its freedom of information undertone should not be overlooked.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

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. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Claim for information. Damages (Section 97(2) UrhG).

Contracts

Contracts Copyright Law Cease and Desist

Sunday Surprises

The IPKat

DECEMBER 3, 2023

The Congress is aimed at discussing six main topics and their relation to the Metaverse: the European Digital Acts, the Legal Status of Avatars and Digital Identity, Privacy and Personal Data Protection, Content and Conduct Moderation, Virtual Worlds as Markets and Cybersecurity. More information here.

Privacy

Privacy Copyright 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

DoodStream: Hollywood, Netflix, Amazon & Apple Sue “Rogue Cyberlocker”

TorrentFreak

MARCH 22, 2024

. “DoodStream operates a partner program that offers financial remuneration, either per download or stream depending on the country of origin,” the MPA informed the USTR in its ‘notorious markets’ submission. ” “The operators are located in India,” the MPA informed the USTR.

Reporting

Reporting Intellectual Property Designs Design

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing

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

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. They have informed important debates and will certainly continue to do so in the coming years.

Copyright

Copyright Intellectual Property Copyright Law Law

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

Kluwer Copyright Blog

MAY 26, 2022

263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. Detailed information on the implementation process in the Member States can be found on CREATe’s resource page. National implementation has also proved to be a contentious process, with very few Member States meeting this deadline.

Law

Law Intellectual Property Related Rights Art

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

JUNE 28, 2022

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

Copyright

Copyright Intellectual Property Database Right Related Rights

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

LexBlog IP

JANUARY 16, 2024

This third part of our four-part series on using synthetic data to train AI models explores the interplay between synthetic data training sets, the EU Copyright Directive and the forthcoming EU AI Act. Stated another way, how can a person wishing to use such content reasonably discover and avoid materials subject to an opt-out?

IP

IP Copyright Art Related Rights

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

Licensing

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying

EU copyright law round up – third trimester of 2021

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. 17 is in principle compatible with the freedom of expression and information guaranteed in Art. 11 of the Charter of Fundamental Rights of the European Union.

Copyright Law

Copyright Law Copyright Law Television

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art

Art Law Related Rights Marketing

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. More information here. More information to come.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

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. . Image from here. Introduction.

Publishing

Publishing Marketing Marketing Advertising

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

JANUARY 12, 2022

Published in late 2021, Dr R.V.Vaidyanatha Ayyar’s 421 paged “ Present at Creation: The Making of Internet Treaties 1996 ” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

Intellectual Property

Intellectual Property Publishing Copyright Technology

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

Copyright

Copyright Licensing Art Publishing

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

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 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 ). 15 of the CDSMD.

Publishing

Publishing Art Related Rights Marketing

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Kluwer Copyright Blog

MAY 18, 2022

This part II discusses the growth of public regulators as a check on the rise of private power in the online environment, addresses new institutional arrangements in the EU for regulating conduct online, and highlights our proposal for a new EU copyright institution. A New EU Copyright Institution.

Copyright

Copyright Marketing Marketing Law

When must public performances of musical works be reported to CMOs?

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 is logically not possible if the works used are not controlled or managed by the CMO requesting information.

Reporting

Reporting Music Related Rights Licensing

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• Image source: iStock]. MOCI Regulation No.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

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. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

Related Rights

Related Rights Licensing Law Copyright

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Velocity of Content

FEBRUARY 7, 2024

In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. Is a copyright notice sufficient? What about the words “all rights reserved?”

Editing

Sunday Surprises

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

NOVEMBER 11, 2021

17 CDSMD establishes that online content sharing service providers (OCSSPs) perform an act of communication to the public or an act of making available to the public – for the purposes of that Directive – when they give public access to copyright-protected content uploaded by their users. As is well known, Art.

Art

Art Law Intellectual Property Intellectual Property Law

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted. We look forward to seeing you in Stockholm in early June!

Intellectual Property

Intellectual Property Intellectual Property Law Related Rights Registration

Role Of Intellectual Property Rights In The Era Of Quantum Technology

IIPRD

NOVEMBER 23, 2022

Recent advances in the technical field of quantum technologies have not only experienced high amount of attention in information science and software engineering disciplines but also gained a wide interest of government due to its complexity and global significance. What kinds of IP related rights would apply to quantum computing technology?

Intellectual Property

Intellectual Property Technology Intellectual Property Law Public Domain

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

Kluwer Copyright Blog

JUNE 6, 2022

With its ruling in Poland v Commission ( C-401/19 ) on 26 April 2022 the Court of Justice of the European Union (CJEU) dismissed an action to annul Article 17 of Directive (EU) 790/2019 on copyright and related Rights in the Digital Single Market (CDSM Directive).

Copyright

Copyright Settlement Law Copying

[Guest post] New Ukrainian Law on Copyright and Related Rights

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

Trending Sources

Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

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

Member States referred to the CJEU for failure to transpose copyright directives into national law

2H 2022 Quick Links, Part 3 (Copyrights and More)

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

Portugal strengthens copyright protection on the Internet

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Generative AI and copyright: Convergence of opt-outs?

Top 10 Posts on the Kluwer Copyright Blog in 2022

Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

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

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

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

Sunday Surprises

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

DoodStream: Hollywood, Netflix, Amazon & Apple Sue “Rogue Cyberlocker”

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

A summary look at the Portuguese transposition of the CDSM Directive

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

The New Greek Teaching Limitation after the Implementation of the DSM Directive: A New Era for Teachers, Students and Educational Establishments?

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

EU copyright law round up – third trimester of 2021

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Friday Fantasies

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

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

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

When must public performances of musical works be reported to CMOs?

Protection of Nonfungible Tokens in Indonesia

Establishment and operation of CMOs in Greece

Protecting Commercial AI Rights Is Harder Than You Think – EU Edition

Sunday Surprises

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

Role Of Intellectual Property Rights In The Era Of Quantum Technology

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

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