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

The IPKat

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.

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

Kluwer Copyright Blog

If such a question is ever referred to the CJEU, the odds are that the referring court will be a Spanish one. The language is not perfectly clear, but it arguably refers to situations where an OCSSP meets all the requirements set forth in Art. More from our authors: Law of Raw Data. 17(4) of the CDSMD.

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EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

The AG held that the notion refers to the retransmission of a primary transmission by cable distributors, who carry out such retransmission as professional operators in the context of a conventional cable network. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

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Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Provisions of intellectual property law will be applicable to NFTs.

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Understanding Compulsory Licensing and Access to Essentials

Kashishipr

A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs.

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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 2

Kluwer Copyright Blog

At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. 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.

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EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

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!