SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. There is however one stand-out entry that looks like it will be of interest to several of our readers.

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

The IPKat

MARCH 18, 2023

The book is presented in five parts, described in the book as “broadly along the lines drawn by the main Acts of Parliament dealing with these branches of law.” The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

The IPKat

MARCH 13, 2023

In particular the new edition includes coverage of: • The adoption of two new international treaties: the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled 2013, in relation to exceptions and limitations; and the Beijing Treaty on Audiovisual Performances 2012.

Copyright 78

Copyright Editing Related Rights Publishing 78

LexBlog IP

AUGUST 30, 2023

However, it can be understood to mean that: Under similar conditions and with the same objectives, no other creator, according to reasonable probability, would be able to create a similar work; or The work presents an individual singularity or reaches a creative level some distance from the already known.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Technology & Marketing Law Blog

JANUARY 3, 2023

Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers. However, I find that Plaintiff has failed to demonstrate that such exceptional circumstances are present here.

Copyright 91

Copyright Social Media Copyright Infringement Publishing 91

Kluwer Copyright Blog

SEPTEMBER 23, 2021

The white paper was presented on Tuesday during the “ Protecting Open Licenses in the EU Copyright Reform ” session at the Creative Commons global summit. This provision was added later in the negotiations to address widespread criticism from civil society and academia.

Public Domain 103

Public Domain Licensing Copyright Related Rights 103

The IPKat

DECEMBER 15, 2022

More on this in a separate post… And here are matters this Kat is keeping 3 of the 5 senses, alert for: As reported on The IPKat in May , the Africa Group at WIPO proposed a Work Program on Limitations and Exceptions (L&Es) to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR).

IP 134

IP Patent Intellectual Property Government 134

The IPKat

DECEMBER 29, 2022

From a copyright perspective, surely that image is a ‘work’, but could it be also regarded as original enough to warrant protection under that IP right (without considering related rights in accordance with Article 6 of the Term Directive )? I think that a distinction needs to be drawn between different types of portraits.

Copyright 145

Copyright Registration Intellectual Property Related Rights 145

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

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). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright 108

Copyright Related Rights Law Copyright Law 108

Kluwer Copyright Blog

APRIL 12, 2022

The latter does not directly provide for the mandatory establishment of an exclusive right of cable retransmission for the benefit of broadcasting organisations. However, Member States can provide for such a right in their legislations. Rights of authors and related rights: united or separated? 403/08 and C?429/08,

Television 56

Television Art Related Rights Copyright Law 56

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

TorrentFreak

DECEMBER 16, 2022

The LRTK notes that the unique addresses (URL, Uniform Resource Locator) of websites that access specific illegally published objects of copyright and related rights have already been removed from the Google search system before. In this case, however, presenting court orders isn’t an issue.

Publishing 89

Publishing Television Government Copyright 89

IIPRD

NOVEMBER 23, 2022

The evolution of quantum computing technology presents many legal regulatory questions. What kinds of IP related rights would apply to quantum computing technology? These advancements are of great area of interest to societies, businesses, international organisations, governments etc. billion by 2027. Image Source: IStock].

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. Image by Ag Ku via Pixabay. This was the first time since the COVID-19 pandemic started that most of the delegates were reunited in person.

Copyright 104

Copyright Intellectual Property Publishing Reporting 104

The IPKat

NOVEMBER 7, 2021

The workshops are aimed at junior IP practitioners and participants will be presented with a hypothetical case study involving two brands and invited to discuss how to negotiate a coexistence agreement to benefit both of them. Registrations are open and further information can be found here. Researchers, including Ph.D.

Intellectual Property 78

Intellectual Property IP Registration Intellectual Property Law 78

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

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

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

APRIL 22, 2022

Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights.

Music 67

Music Copyright Derivative Work Ownership 67

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

Patently-O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

Litigation 105

Litigation Intellectual Property Business Government 105

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. None of the proposed options is heavily favoured by the UKIPO, but for each policy option the UKIPO presents a handy non-monetised costs and benefits analysis.

IP 70

IP Inventor Invention Intellectual Property 70

The IPKat

JULY 15, 2021

Interference with freedom of expression/information The AG considered that freedom of expression/information (but also freedom of the arts in some cases) “is undeniably relevant in the present case” and that Article 17 does interfere with it. Such interference is attributable to EU legislature.

Copyright 104

Copyright Law Related Rights Technology 104

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music 56

Music Copyright Related Rights Ownership 56

Selvam & Selvam Blog

SEPTEMBER 7, 2023

The present case of N.R. Fortunately for Whirlpool Corp., it was noted by the Court that their trademark ‘WHIRLPOOL’ was a well-known trademark, and therefore, an injunction was granted in their favour. Dongre and Ors. Vs. Whirlpool Corporation and Ors.

Trademark 52

Trademark Registration Intellectual Property Business 52

The IPKat

APRIL 8, 2023

Other Italian and foreign copyright and related rights collecting societies have also claimed that their music catalogues were taken down illegitimately and have requested Meta to restore their music on the relevant services. SIAE claims that Meta did not negotiate transparently. It could test the applicability of Art. 17 (4), a).

Music 129

Music Art Copyright Related Rights 129

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) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting 52

Reporting Music Related Rights Licensing 52

The IPKat

DECEMBER 3, 2023

The Congress is aimed at discussing six main topics and their relation to the Metaverse: the European Digital Acts, the Legal Status of Avatars and Digital Identity, Privacy and Personal Data Protection, Content and Conduct Moderation, Virtual Worlds as Markets and Cybersecurity. The deadline is set on the 20 December 2023.

Privacy 67

Privacy Copyright Related Rights Marketing 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. Applications are open until 16 September 2022.

Intellectual Property 85

Intellectual Property Registration IP Patent Drafting 85

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

TorrentFreak

JANUARY 5, 2024

The Ministry of Justice has presented an initiative that would empower Estonia’s Consumer Protection and Technical Regulatory Authority ( TTJA ) to order pirate site-blocking measures. Estonia Explores Site Blocking European countries have been particularly receptive to these measures with Estonia now considering a similar framework.

Government 102

Government Related Rights IP Copyright 102

Kluwer Copyright Blog

NOVEMBER 24, 2021

This is only not the case if the internet platform provides third parties the possibility of issuing offers and the operator of the internet market place does not present itself as the seller (and is thus the hosting provider). d) Liability of managing directors ( Geschäftsführer ).

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

Music 52

Music Television Copyright Related Rights 52

Kluwer Copyright Blog

NOVEMBER 15, 2022

Apart from that, the defendant would not only act as a technical service provider in relation to the broadcasting companies, but in an autonomous position, because it would decide itself on the composition of its packages and thus create its own additional offer for end customers.

Copyright 52

Copyright Music Intellectual Property Related Rights 52

The IPKat

JANUARY 21, 2022

In addition, the book contains chapters on related rights such as moral rights, civil and criminal proceedings, contracts and other forms of protection. There is also a chapter on performers’ rights around the world, covering international treaties and specific countries. The book is presented in 11 chapters.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

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 to know more. The submission deadline is 30 March 2023.

Intellectual Property 67

Intellectual Property Intellectual Property Law Contracts IP 67