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

The IPKat

JANUARY 24, 2023

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Kluwer Copyright Blog

FEBRUARY 12, 2023

2 (respectively, at the first and second subparagraph) provides a definition of CMOs and IMEs that is identical to that in the CRM Directive. However, the Italian legal system has transposed the CRM Directive through the Legislative Decree No. 35/2017, whose Art. provided by the European law, especially the TFEU (articles 49 and 56).

Copyright

Copyright Law Marketing Marketing

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

Kluwer Copyright Blog

DECEMBER 20, 2022

Nevertheless, the Berne Convention does not explicitly state that only original photographic works can be protected, nor does it contain any precise statutory definition of “originality”. According to the German courts, to qualify as Lichtbildwerke photographs need to be characterised by individuality and a minimum level of creativity.

Copyright

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

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright

Copyright Intellectual Property Database Right Related Rights

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

Kluwer Copyright Blog

DECEMBER 14, 2022

By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes.

Copyright

Copyright Cease and Desist Fair Use Publishing

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

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Option 1: expanding the definition of “inventor”. While a very valid concern, underpinning all market failure arguments essential to the smooth functioning of any IP regime, these are not the only important rationales.

IP

IP Inventor Invention Intellectual Property

EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

APRIL 5, 2022

The definition of the concept of ‘cable transmission’ was at the centre of the analysis. This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Copyright Law

Copyright Law Copyright Law Music

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

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13]

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

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

Kluwer Copyright Blog

OCTOBER 4, 2023

This provision, while optional, is rendered mandatory for online use on select major platforms under Article 17(7) of the copyright and related rights in the Digital Single Market Directive ( CDSM ). Hutcheon’s broad definition encompasses a wide array of hypertextual forms beyond traditional parody.

Copyright Law

Copyright Law Art Copyright Law

European Copyright Directive: Which Stage is the European Union At?

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. Although the given definitions restrict the Directive ’s scope, its proposed content monitoring obligations are stricter than those currently in place.

Copyright

Copyright Copyright Law Due Diligence Law

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

The IPKat

AUGUST 24, 2021

This said, based on what is already available, it is apparent that the provisions that the EU legislature adopted in 2019 to establish a ‘Digital Single Market’ will be implemented in different – if not altogether creative – ways across the EU. Such definition does not feature in the text of the Directive. In fairness, not.

Publishing

Publishing Copyright Related Rights Law

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

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 ). As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L.

Publishing

Publishing Art Related Rights Marketing

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

NOVEMBER 10, 2021

Where it is known as compulsory licensing in reference to patents, it is known as statutory licenses in reference to copyright and related rights. Creation of Gray Markets : Creating a local chain of supply may lead to the creation of grey markets.

Licensing

Licensing Invention Intellectual Property Marketing

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing

Publishing Law Contracts Licensing

‘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. Section 53A).

Copying

Copying Copyright Law Copyright Social Media

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

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). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing

Publishing Law Contracts Licensing

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

OCTOBER 4, 2022

The ability of computers to recognise content There is no universally accepted, standardised definition of " Automated (or " Automatic ") Content Recognition (ACR) " technologies.

Technology

Technology Publishing Social Media Intellectual Property

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

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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

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

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

Intellectual Property Pulse

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

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Trending Sources

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

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

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

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

EU copyright law round up – first trimester of 2022

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?

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

European Copyright Directive: Which Stage is the European Union At?

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

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

Understanding Compulsory Licensing and Access to Essentials

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

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

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Top 10 Posts on the Kluwer Copyright Blog in 2022

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

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

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

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

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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