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. Intellectual Property Law in China, 2nd edition. Image by Marco Verch under Creative Commons 2.0. by Christopher Heath. €

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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 add article 51B to Law 2121/1993 in favour of press publishers regarding the online use of their publications by service providers.

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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.

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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

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LexBlog IP

AUGUST 30, 2023

Compensation presupposes culpability and infringement of IP (or related rights) (i.e., And article(2) stipulates that: while whoever culpably infringed the intellectual property or related rights of another is obliged to compensate and satisfy the moral damage. 5) Supreme Court 484/2020. (6)

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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.

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LexBlog IP

MAY 4, 2022

According to PM, the specific musical repertoire in question was not represented by any collective management organisation (CMO) in Greece or abroad and, therefore, no copyrights, related rights, performance rights, or any other rights of third parties were owed. or idaroussou@metaxopouloslaw.gr ).

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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. 633 of 1941).

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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. Doubtful, but murky. Let’s take this further. What about preprint servers?

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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). Further, they have the right to choose whether they will join a Greek or a foreign organisation, and if so, which CMO that will be.

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Kluwer Copyright Blog

MAY 28, 2024

Image via Pixabay The AI Law Proposal: general context and subject matter On 23 April 2024, the Italian government published the text of a draft law introducing regulatory provisions concerning the use of Artificial Intelligence systems to the Italian legal system (“AI Law Proposal”) ( here ).

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The IPKat

JULY 20, 2023

On 13 July last, in fact, Advocate General (AG) Collins issued his Opinion in Seven.One , C-260/22 , and the Court published its judgment in Ocilion , C-426/21. Seven.One vs the seven lives (and one great love) of a Kat Ahead of the August break, last week was a busy one for copyright at the Court of Justice of the European Union (CJEU).

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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.

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Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The law is silent regarding the possibility of transferring and waiving this right, which suggests such possibilities to be lawful. Museu do Azulejo by G.P.

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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…). This provision, which has been retained with minor changes, covers only analogue uses and applies only to the reproduction right.

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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.

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Kluwer Copyright Blog

DECEMBER 12, 2022

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA). [1] As a recent study demonstrates, commercial publishers currently derive more than two billion USD annually from APCs.

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Kluwer Copyright Blog

APRIL 5, 2022

Article 35 of the proposed Regulation states that “in order not to hinder the exercise of the right of users to access and use such data […] the sui generis right provided for in Article 7 of Directive 96/9/EC does not apply to databases containing data obtained from or generated by the use of a product or a related service.”.

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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).

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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.

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Kluwer Copyright Blog

JUNE 29, 2023

While sports events, as such, are not protected by copyright and related rights, the origanisers of these events may benefit from specific protection under national law. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265 Stay tuned!

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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.

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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).

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Kluwer Copyright Blog

MARCH 15, 2023

This follows its decision last year to send reasoned opinions to 13 Member States (Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden) for failure to notify the Commission of transposition measures in relation to the CDSM Directive.

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Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. depending on their length and informative content – may be covered by the press publishers’ right. Image by Pexels via Pixabay.

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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.

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LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. This article was originally edited by, and first published on, www.lexology.com. Endnotes (1) Decision No. 2916/2022.

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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.

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Right of remuneration (Sections 32 et seqq. The BGH assumed that an infringement of the related right of the film producer had occurred.

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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) 5653/2017.

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The IPKat

MAY 22, 2022

The new service, called Find Case Law, will initially publish court decisions from the highest courts - the Supreme Court, the Court of Appeal, the High Court and the Upper Tribunals. For more information on the programme, list of speakers and registration, please visit the following link.

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Kluwer Copyright Blog

NOVEMBER 11, 2021

Indeed, the Spanish transposition of the CDSM Directive , which was approved overnight by means of a Government Decree published on the 3 rd of November and which entered into force the following day, came with some surprises, including an apparent carve out from the liability exemption granted in Art. 17(4) of the CDSMD.

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LexBlog IP

NOVEMBER 8, 2023

The claimant had duly published a fee schedule for businesses who may have wished to use the musical works (such as cafes, restaurants, coffee shops, refreshment rooms, fast-food restaurants, coffee-patisseries, internet cafes, etc). This article was originally edited by, and first published on, www.lexology.com.

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Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

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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).

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Kluwer Copyright Blog

NOVEMBER 17, 2021

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). This first part covers the definition of a work, authorship and moral rights. Germany has always had an extensive judicial practice in copyright law.

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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. This post was originally published on the Digital Constitutionalist here.

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