Editing, Licensing and Related Rights - Intellectual Property Pulse

Wednesday whimsies

The IPKat

JANUARY 31, 2024

In-person event on standard essential patents (SEPs) in Turin The Italian branch of the Licensing Executives Society (LES) is holding a one-day event on SEPs and their upcoming reform. The New York edition will take place on February 21, and the Washington edition is planned for February 23. See here for further details.

Intellectual Property

Intellectual Property Editing Registration IP

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

JANUARY 24, 2024

It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. To introduce a mechanism of extended copyright licensing. Please click here to view the original publication.

Copyright Law

Copyright Law Law Copyright Television

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

SpicyIP

JANUARY 12, 2022

And it’s published under a creative commons license, with the text available on his website here. Taubman’s edited collection of essays looking into the WTO TRIPS negotiation history, published in 2015 and is available here. Watal and A.

Intellectual Property

Intellectual Property Publishing Copyright Technology

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

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. Copyright: WIPO. Photo: Emmanuel Berrod. Joint PIJIP/TLS Research Paper Series.

Public Domain

Public Domain Contracts Copyright Licensing

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts

Contracts Music Related Rights Television

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e., 5) Supreme Court 484/2020. (6)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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

Velocity of Content

FEBRUARY 7, 2024

As noted in the current draft of the EU’s AI Act , “[t]ext and data mining techniques may be used extensively in this [training] context for the retrieval and analysis of such content, which may be protected by copyright and related rights.”

Editing

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

Additionally, all proprietary and open source software licensing rely on copyright protection. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

Copyright

Copyright Public Domain Intellectual Property Database Right

AI and copyright in 2022

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) ). More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright

Copyright Art Fair Use Registration

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. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

IP

IP Inventor Invention Intellectual Property

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. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

IP

IP Public Domain Copyright Intellectual Property

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

Music

Music Intellectual Property Copyright Technology

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…). The licenses may cover all the same uses covered by the limitation.

Licensing

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

Book review: Performers' Rights

The IPKat

JANUARY 21, 2022

Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights. The first edition was published in 1990 and it is now in its 6th edition, updated from its previous version which was published in 2015.

Moral Rights

Moral Rights Contracts Editing Related Rights

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. Click here and here to know more. Click here to know more.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

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 article was originally edited by, and first published on, www.lexology.com.

Reporting

Reporting Music Related Rights Licensing

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages. Endnotes (1) Decision No. 2916/2022. (2) 2) L 2121/93. (3)

Copying

Copying Copyright Law Copyright Editing

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

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers.

Copyright

Copyright Publishing Journalism Art

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

Sunday Surprises

The IPKat

MAY 22, 2022

It's getting hot out there! Perfect timing for our Sunday rundown of key IP events and opportunities for the rest of this month and the start of June! Picture by idea-saras. For more information on the programme, list of speakers and registration, please visit the following link.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

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

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

Kluwer Copyright Blog

FEBRUARY 9, 2022

Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 12 DSM Directive). 12 DSM Directive).

Copyright

Copyright Licensing Art 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. Section 53A).

Copying

Copying Copyright Law Copyright Social Media

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

Court clarifies process for CMO equitable remuneration

LexBlog IP

NOVEMBER 8, 2023

It does this by recognising performers’ and producers’ exclusive and absolute right, in some cases, (and in other cases a simple relative right to ask for an equitable remuneration) to allow or prohibit certain uses of their contributions. Further, article 22 of Law 4481/2017, stipulates that: 1.

Music

Music Related Rights Law Contracts

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

For this purpose, the CDSM Directive introduces an extended collective licensing system and a fall-back exception for cultural heritage institutions to digitise and make available online copyrighted materials in their collections that are out of commerce.

Copyright

Copyright Marketing Marketing Licensing

Case study: “copyright-free” in-store music and collective management

LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. This article was originally edited by, and first published on, www.lexology.com. Endnotes. (1) 1) Law 2121/1993. (2) 3) Decision No.

Music

Music Copyright Television Related Rights

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

Intellectual Property Pulse

Wednesday whimsies

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Trending Sources

Key 2023 update: EU Directive implemented in Greek copyright law

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

Establishment and operation of CMOs in Greece

Whither a Signal-Based Broadcast Treaty?

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

Does food flavouring constitute a “work”?

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

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

AI and copyright in 2022

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

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

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

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

A summary look at the Portuguese transposition of the CDSM Directive

Book review: Performers' Rights

Friday Fantasies

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

Athens court rules on moral damages in software infringement case

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

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

Sunday Surprises

EU copyright law round up – fourth trimester of 2021

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

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

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

Court clarifies process for CMO equitable remuneration

The Orphan Works Directive is broken but the Commission won’t fix it!

Case study: “copyright-free” in-store music and collective management

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

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