Editing, Intellectual Property Law and Related Rights

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. More from our authors: Law of Raw Data. by Christopher Heath. €

Related Rights

Related Rights Law Copyright Copying

Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

Kluwer Copyright Blog

MARCH 24, 2022

The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.

Intellectual Property Law

Intellectual Property Law Intellectual Property Editing Related Rights

The WIPO Files I: the quest to protect user rights

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 led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es. by Christopher Heath. €

Intellectual Property

Intellectual Property Related Rights Intellectual Property Law Copyright

Copyright law and football matches: impossible to match? (Part II)

Kluwer Copyright Blog

JANUARY 5, 2022

Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters. So, more evolutions are expected, since digital revolutions will continue to shake the world of copyright law. More from our authors: Law of Raw Data.

Copyright Law

Copyright Law Copyright Law Graphic Design

Broadcasters’ Cable Retransmission Rights: in line (or not) with the EU right of communication to the public?

Kluwer Copyright Blog

APRIL 12, 2022

However, Member States can provide for such a right in their legislations. Even if Member States remain free to establish cable retransmission rights both for copyright holders and holders of related rights, these rights should be construed through the harmonised conceptual framework of this Directive.

Television

Television Art Related Rights Copyright Law

The European Audiovisual Observatory publishes the Mapping report on national remedies against online piracy of sports content

Kluwer Copyright Blog

DECEMBER 28, 2021

Regarding the entitlement to the rights, the recording and broadcast of a sports event are protected by related rights, which are respectively granted to producers of audiovisual works for the first fixation of the film and to broadcasting organisations for the transmission of broadcast signals for public reception.

Reporting

Reporting Publishing Intellectual Property Intellectual Property Law

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Kluwer Copyright Blog

APRIL 22, 2022

Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights. More from our authors: Law of Raw Data. developer or user). by Christopher Heath. €

Music

Music Copyright Derivative Work Ownership

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. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

IP

IP Inventor Invention Intellectual Property

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Kluwer Copyright Blog

DECEMBER 12, 2021

The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). Thus, questioning whether EU copyright law provides adequate protection for ML models is not a naïve endeavour. More from our authors: Law of Raw Data. by Christopher Heath. €

Copyright

Copyright Public Domain Intellectual Property Database Right

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

Kluwer Copyright Blog

MARCH 14, 2022

A third alternative: the related rights approach. We followed the approach of distinguishing between creation and dissemination of works, so as to propose transforming the current CGWs provisions into a neighbouring rights provision. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

IP

IP Public Domain Copyright Intellectual Property

AI Music Outputs: Challenges to the Copyright Legal Framework – Part II

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on 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.

Music

Music Copyright Related Rights Ownership

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

EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

APRIL 5, 2022

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. More from our authors: Law of Raw Data. Stay tuned! by Christopher Heath. €

Copyright Law

Copyright Law Copyright Law Music

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. Click here and here to know more. Click here to know more.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Copyright law and football matches: impossible to match? (Part I)

Kluwer Copyright Blog

JANUARY 4, 2022

More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. At the same time, a global paradigm of online piracy enabling the retransmission of sports events on a worldwide basis has dynamically emerged. by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €

Copyright Law

Copyright Law Copyright Law Intellectual Property

EU copyright law round up – fourth trimester of 2021

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). Stay tuned!

Copyright Law

Copyright Law Copyright Law Reporting

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

Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive. Therefore, the narrower the scope of the VSE limitation, the lower the threshold for the right to kick in.

Publishing

Publishing Intellectual Property Law Intellectual Property Related Rights

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

Kluwer Copyright Blog

NOVEMBER 11, 2021

More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. This is not the only surprise that came with the Spanish implementation, but is certainly one that needs a careful consideration as to its compatibility with the CDSMD. by Jan Bernd Nordemann, Christian Czychowski. €

Art

Art Law Intellectual Property Intellectual Property Law

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

Kluwer Copyright Blog

NOVEMBER 24, 2021

The BGH reasoned that a claim for non-material damages was weakened by the fact that there were doubts as to whether the relevant public in that case even attributed the edited images to the author at all. The BGH assumed that an infringement of the related right of the film producer had occurred. by Christopher Heath. €

Contracts

Contracts Copyright Law Cease and Desist

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

Kluwer Copyright Blog

FEBRUARY 9, 2022

Firstly, the mandatory collective management of rights prevents the author, performer, producer and, since the DSM Directive, publisher from individually exercising their exclusive rights under copyright or related rights. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright

Copyright Licensing Art Publishing

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights

Moral Rights Law Copyright Copyright Law

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

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. More from our authors: Law of Raw Data. by Christopher Heath. €

Copyright

Copyright Intellectual Property Copyright Law Law

Intellectual Property Pulse

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

Trending Sources

The WIPO Files I: the quest to protect user rights

Copyright law and football matches: impossible to match? (Part II)

Broadcasters’ Cable Retransmission Rights: in line (or not) with the EU right of communication to the public?

The European Audiovisual Observatory publishes the Mapping report on national remedies against online piracy of sports content

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

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

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

AI Music Outputs: Challenges to the Copyright Legal Framework – Part II

Sunday Surprises

EU copyright law round up – first trimester of 2022

Friday Fantasies

Copyright law and football matches: impossible to match? (Part I)

EU copyright law round up – fourth trimester of 2021

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

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

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

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

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

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

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

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