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 67

Intellectual Property Intellectual Property Law Contracts IP 67

The IPKat

SEPTEMBER 4, 2022

Sessions include contributed papers, keynote presentations, and policy-focused panel discussions. It will feature approximately 10 paper presentations. They foster an interdisciplinary exchange of knowledge. This year's conference will be held from 14 to 16 September. For more information and to register, click here.

Intellectual Property 85

Intellectual Property Registration IP Patent Drafting 85

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 92

Copyright Social Media Copyright Infringement Publishing 92

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 78

Intellectual Property IP Registration Intellectual Property Law 78

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. But the present draft clearly reaches such content. [2] Copyright: WIPO. Photo: Emmanuel Berrod. We are observing the meeting on behalf of academics, civil society and libraries, respectively.

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Public Domain Contracts Copyright Licensing 64

Kluwer Copyright Blog

MAY 30, 2022

Since its introduction in preparatory works, the new related right has attracted strong criticism and triggered one of the most intense debates surrounding the legislative process that led to the adoption of the CDSM Directive. Yet, its final version still presents problematic traits.

Publishing 56

Publishing Law Contracts Licensing 56

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 52

Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

MAY 30, 2022

Since its introduction in preparatory works, the new related right has attracted strong criticism and triggered one of the most intense debates surrounding the legislative process that led to the adoption of the CDSM Directive. Yet, its final version still presents problematic traits.

Publishing 52

Publishing Law Contracts Licensing 52

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs).

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

DECEMBER 18, 2022

Unlike economic rights, that safeguard the economic interests of copyright holders, moral rights are a specific legal instrument that allow certain creators to control the treatment of their works and their presentation to others. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

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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Publishing Art Related Rights Marketing 52

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. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3 9] (a) Art.

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Copyright Publishing Journalism Art 126

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 108

Copyright Related Rights Law Copyright Law 108

SpicyIP

JUNE 2, 2023

The plaintiff asserted that the copyright in the film, as well as all indirect, derivative and related rights associated with the film, are vested in the plaintiff and sought a decree for permanent injunction restraining the defendant from publishing and distributing the novel.

Copyright 105

Copyright Ownership Contracts Publishing 105

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. Law 4481/2017 Article 6 of Law 4481/2017 states: 1.

Music 52

Music Related Rights Law Contracts 52

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. 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 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

NOVEMBER 29, 2022

While “form” is less interesting for the purposes of this analysis, with regard to methods, Member States are presented with two important choices: a) between literal (“copy-out”) transposition and an “elaboration” on the rules set out in the directive; and. Licensing the PPR. Targeted users.

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Reporting Marketing Marketing Copyright 52

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 83

Intellectual Property Intellectual Property Law IP Registration 83

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. Interestingly, in the present case, the applicants’ lawyer pleaded before the Conseil d’Etat that ‘0.5%

Contracts 96

Contracts Intellectual Property Cinema Copying 96

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) ). As such, a proper evaluation of the options is not possible, and any changes could have unintended consequences.

Copyright 145

Copyright Art Fair Use Registration 145

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.

IP 60

IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

NOVEMBER 24, 2021

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. In such situations, the connection owner only bears a secondary burden of presentation and proof.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

OCTOBER 7, 2021

Finally, the applicants did not show in the present case how the restrictions on creativity that result from the standardisation legislation prevent the harmonised standards from reaching the EU originality threshold. improve authoritative and updated information on right holders, terms and conditions and licensing opportunities).

Copyright Law 60

Copyright Law Copyright Law Television 60

The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive.

Copyright 98

Copyright Fair Use Publishing Reporting 98

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. The advertising messages are played at a higher volume than the music. Emphasis added.).

Music 52

Music Copyright Television Related Rights 52

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. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

IP 70

IP Inventor Invention Intellectual Property 70

Kluwer Copyright Blog

NOVEMBER 20, 2022

This being said, also in this second scenario as in the first, third parties willing to use and/or reproduce artworks located in a cultural institution will still need to get in touch with the respective care-taker entity, so as to verify whether any license agreement is in place. This is for two reasons, as pointed out by E.

Artwork 56

Artwork Public Domain Art Copyright 56