The IPKat

MARCH 13, 2023

This is a review of the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond , by Sam Ricketson (Emeritus Professor, Melbourne Law School, University of Melbourne) and Jane Ginsburg (Morton L. Analysis of the beginnings of a movement in favour of broader protection of resale royalty rights.

Copyright 78

Copyright Editing Related Rights Publishing 78

SpicyIP

JUNE 2, 2023

Image accessed from here In another landmark development concerning the right of authors of underlying work, the Delhi High Court on May 23 in RDB and Co. HarperCollins Publishers India Pvt. The First Owner of the Copyright of a Screenplay in a Film – the Author or the Producer? defendant). The plaintiff, RDB and Co.

Copyright 105

Copyright Ownership Contracts Publishing 105

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. To introduce a mechanism of extended copyright licensing.

Copyright Law 52

Copyright Law Law Copyright Television 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.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

Kluwer Copyright Blog

DECEMBER 14, 2022

In this blog post, based on a recently published article , I assess this lesser-explored exception and call for its wider implementation and expansive interpretation by EU member states. . It is often prepared and published by either the original equipment manufacturers (OEMs) or third-party publishers. Image by Annie Spratt.

Copyright 103

Copyright Cease and Desist Fair Use Publishing 103

The IPKat

OCTOBER 25, 2023

The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021. 205 of the Belgian Code of Economic Law (that regulates rights of performers), Belgian Constitution , art.

Related Rights 130

Related Rights Art Journalism Government 130

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 52

Copyright Related Rights Ownership Copyright Infringement 52

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.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

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.

Music 79

Music Copyright Copyright Infringement Moral Rights 79

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. The first of this series of blog posts on copyright reform at WIPO analyzes the history of the discussions on L&Es. Image by Ag Ku via Pixabay.

Copyright 104

Copyright Intellectual Property Publishing Reporting 104

Kluwer Copyright Blog

FEBRUARY 12, 2023

148/2017 was issued, which changed the legal position, a legal monopoly was granted to a public entity (SIAE – Italian Society of Authors and Publishers ) by Article 180 of the Italian Copyright Law (Law No. Following the reform, other CMOs are allowed to manage copyright on behalf of authors and publishers.

Copyright 67

Copyright Law Marketing Marketing 67

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

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This is the first of a series of blog posts on copyright reform at WIPO. More from our authors: Law of Raw Data. by Christopher Heath. €

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

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

The IPKat

DECEMBER 23, 2023

Léon has recently published a book on the subject, which is being launched on 12 January 2024. The case relates to a trade mark application to register the word mark 'BASMATI' for rice, which is being opposed on the basis of the UK law of passing off.

Intellectual Property 67

Intellectual Property IP Copyright Law Invention 67

TorrentFreak

MAY 12, 2023

17/2023/ND-CP offers guidance on various copyright matters related to ISP liability and enforcement measures, including disclosure of customer information. “The long, detailed section in copyright assessment is also expected to pave the way for the growth of the currently limited copyright assessment services in Vietnam.”

Intellectual Property Law 125

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 125

Kluwer Copyright Blog

DECEMBER 28, 2021

The European Audiovisual Observatory (“EAO”) has recently published the Mapping report on national remedies against online piracy of sports content (“Report”), conducted at the request of the European Commission. On the other hand, in some countries, domiciliary rights (also called “house rights”) are held by the sports event organisers.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. And it’s published under a creative commons license, with the text available on his website here. There is however one stand-out entry that looks like it will be of interest to several of our readers.

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

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.

Government 141

Government Related Rights Copyright Law 141

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.

Advertising 95

Advertising Advertising Reporting Copying 95

TorrentFreak

SEPTEMBER 20, 2023

Ukraine Beats Most of the EU While Ukraine has received widespread criticism for unaddressed and at times rampant online copyright infringement, its participation in WIPO Alert puts it ahead of nearly all EU member states. From: TF , for the latest news on copyright battles, piracy and more.

Advertising 106

Advertising Advertising Law Intellectual Property 106

Kluwer Copyright Blog

JUNE 28, 2022

On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. The Institute acknowledges that the Data Act Proposal seeks to strike a balance between promoting access to and sharing of IoT data and protecting other conflicting rights.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

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). Introduction. Such remuneration is payable only to CMOs. Legislative background.

Copyright 52

Copyright Related Rights Television Law 52

TorrentFreak

JANUARY 16, 2024

In a report published this week, BREIN said the VR worlds specifically catered to pirates, offering thousands of links to pirated streams, which could be enjoyed through VR headsets. “By addressing this at an early stage, BREIN prevents the normalization of misuse of VR technology for infringement of copyright and related rights.

Cinema 90

Cinema Related Rights Technology Reporting 90

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

JANUARY 31, 2023

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements. That has now changed.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

SEPTEMBER 23, 2021

We have recently published a white paper , authored by Julia Reda ( Gesellschaft für Freiheitsrechte ) and Paul Keller ( Open Future ) that proposes to build a public repository of Public Domain and openly licensed works. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty.

Public Domain 103

Public Domain Licensing Copyright Related Rights 103

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.

IP 83

IP Intellectual Property Copyright Music 83

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.

Publishing 94

Publishing Television Government Copyright 94

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

MARCH 18, 2023

A discount for IPkat readers has kindly been provided by the publisher, please see below for the code. The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

TorrentFreak

DECEMBER 13, 2021

“It is understood that these resources are public and controlled by legal entities, which in case of violation of copyright or related rights may act as defendants in court,” the proposals read. From: TF , for the latest news on copyright battles, piracy and more. Expansion of Memorandum 2.0.

Related Rights 140

Related Rights Copying Copyright Government 140

The IPKat

DECEMBER 29, 2022

From a copyright perspective, surely that image is a ‘work’, but could it be also regarded as original enough to warrant protection under that IP right (without considering related rights in accordance with Article 6 of the Term Directive )?

Copyright 145

Copyright Registration Intellectual Property Related Rights 145

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

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 98

Related Rights Licensing Law Copyright 98

Kluwer Copyright Blog

MARCH 24, 2022

MTÜ Urban Style , the Estonian Supreme Court examined the circumstances that should be taken into account in determining the amount of the equitable remuneration that phonogram producers and performers are entitled to claim if a phonogram published for commercial purposes or a reproduction thereof is used for communication to the public.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Editing Related Rights 64

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.

Art 80

Art Copyright Law Copyright Music 80