Information, Licensing and Related Rights - Intellectual Property Pulse

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. All this would serve to ‘foster the availability of reliable information’.

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. This year’s theme is AI’s impact on creation, innovation, content, IP rights and competition. For more information and registration details, see here.

Intellectual Property

Intellectual Property Editing Registration IP

[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.

The Portuguese Government completes the transposition of the new European Copyright Directive

Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023. In fact, Decree-Law no.

Government

Government Copyright Related Rights Licensing

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

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. Audiovisual works are excluded.

Copyright Law

Copyright Law Law Copyright Television

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

While TDM may be performed in different ways, the key value of predictive TDM processes thus lies in facilitating the treatment, recombination, and extraction of further knowledge from large amounts of data and text, allowing the identification of patterns and associations between seemingly unrelated pieces of information.

Government

Government Related Rights Copyright Law

Sunday Surprises

The IPKat

NOVEMBER 7, 2021

4iP Council - Licensing Negotiation Groups: what, why, how 4iP will hold an online webinar to discuss the proposed formation of Licensing Negotiation Groups (LNGs) of implementers that would collectively negotiate and license standard essential patents (SEPs). Registrations are open and further information can be found here.

Intellectual Property

Intellectual Property IP Registration Intellectual Property Law

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. 1] As is normal in WIPO negotiations, considerable time in the meeting of the SCCR was conducted in “informal” session where public reporting on what was proposed or discussed is not permitted. [2] Copyright: WIPO.

Public Domain

Public Domain Contracts Copyright Licensing

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

Rights to distribute and reproduce the work exclusively, as well as the right to grant a license that will allow the copyright holder to collect royalties, are included in this property. According to Section 30, the holder of copyrights may license all or part of his rights to another party.

Music

Music Copyright Copyright Infringement Moral Rights

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2023

To change the status quo, the Ministry of Information, Communication and Technology collaborated with the Tanzania Communications Regulatory Authority (TCRA) to support innovation and entrepreneurship by launching several initiatives that are aimed at providing funding and technical assistance to local start-ups.

IP

IP Intellectual Property Copyright Music

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

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

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

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. Secondly, India was counted as a developing country and at the same time it was in 1996 a significant producer and exporter of films and information technology products and services for which copyright is vital for survival.

Intellectual Property

Intellectual Property Publishing Copyright Technology

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Government Regulation No. MOCI Regulation No. data retention.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

It could be copyright infringement to continue serving photos from servers after the license expired. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. . * Evox Productions, LLC v. Verizon Media, Inc., 2K Games, Inc. ,

Copyright

Copyright Social Media Copyright Infringement Publishing

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.,

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

An Outline on South Africa and India’s WTO IP waiver

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. Outcomes of the subsequent meetings held after introducing the proposal.

IP

IP Related Rights Patent Technology

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Image by Mediamodifier from Pixabay. Legislative Initiatives.

Copyright

Copyright Ownership Journalism Publishing

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

AUGUST 1, 2021

The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. The defendant operated the platform based on license agreements with TV channel operators. The claimant is the owner of the copyright in several TV shows broadcast on the relevant TV channels.

Television

Television Art Advertising Advertising

Sunday Surprises

The IPKat

JUNE 26, 2022

Further information is available here. The website of the event contains information about the programme and registration. Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents.

Intellectual Property

Intellectual Property IP Registration Copyright

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government

Government Database Right Intellectual Property Copyright

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

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP

IP Intellectual Property Invention Copyright

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). 17 (4), b).

Music

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

Licensing

The Resolution of the European Parliament on protection of live sport events

Kluwer Copyright Blog

JUNE 28, 2021

In this sense, the Legislative Decree 9/2008 relating to “Discipline of ownership and marketing of audiovisual sports rights and relative allocation of resources” acknowledges that the professional league and the clubs are joint owners of the audiovisual rights relating to matches.

Television

Television Copyright Blogging Law

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 is logically not possible if the works used are not controlled or managed by the CMO requesting information.

Reporting

Reporting Music Related Rights Licensing

Sunday Surprises

The IPKat

SEPTEMBER 4, 2022

Further information about the 2022 Conference Program and registration can be found here. For more information and to register, click here. The event's website contains information about the registration and programme. Further information about the event and registration is available here.

Intellectual Property

Intellectual Property Registration IP Patent Drafting

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. More information here. More information to come.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction. It decided not to use the content.

Publishing

Publishing Marketing Marketing Advertising

Sunday Surprises

The IPKat

MAY 22, 2022

For more information and a list of speakers, visit the " New Events " section of the CLA website. For more information and the full list of panellists, visit the BLACA website. For more information, including the full list of panellists and registration (which is required to attend this event), visit the 4IP website here.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

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

1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. 1] Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, OJ 130/92, pp. 4(1) and 4(3). 4(1) and 4(3).

IP

IP Copyright Art 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

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). The new related right for press publishers (Sections 87 et seqq. d) Caricature, parody and pastiche.

Copyright

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

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

Kluwer Copyright Blog

NOVEMBER 24, 2021

In addition, claims for information are provided for at various points in the UrhG. As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement. Claim for information.

Contracts

Contracts Copyright Law Cease and Desist

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.” What about the words “all rights reserved?” Is a copyright notice sufficient?

Editing

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

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

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

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

Kluwer Copyright Blog

OCTOBER 7, 2021

17 is in principle compatible with the freedom of expression and information guaranteed in Art. 11 of the Charter of Fundamental Rights of the European Union. improve authoritative and updated information on right holders, terms and conditions and licensing opportunities). AG Saugmandsgaard Øe suggests that Art.

Copyright Law

Copyright Law Copyright Law Television

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.

Music

Music Related Rights Law Contracts

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

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

Wednesday whimsies

Trending Sources

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

The Portuguese Government completes the transposition of the new European Copyright Directive

Establishment and operation of CMOs in Greece

Key 2023 update: EU Directive implemented in Greek copyright law

UK Government axes plans to broaden existing text and data mining exception

Sunday Surprises

Whither a Signal-Based Broadcast Treaty?

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

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

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

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

Protection of Nonfungible Tokens in Indonesia

2H 2022 Quick Links, Part 3 (Copyrights and More)

Does food flavouring constitute a “work”?

An Outline on South Africa and India’s WTO IP waiver

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

Sunday Surprises

Please share nicely — From Database directive to Data (governance) acts

A summary look at the Portuguese transposition of the CDSM Directive

AI and IP – A real conversation starter

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram?

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

The Resolution of the European Parliament on protection of live sport events

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

Sunday Surprises

Friday Fantasies

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space

Sunday Surprises

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

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

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

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

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

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

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

EU copyright law round up – third trimester of 2021

Court clarifies process for CMO equitable remuneration

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

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