Reference and Related Rights - Intellectual Property Pulse

CJEU has received first reference on DSM Directive

The IPKat

OCTOBER 25, 2023

The referred questions in C-575/23 are not yet available officially but may be accessed in the materials of the national Belgian case that has given rise to the request. The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021.

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.

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

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. In the second case, the referred questions (freely translated and shortened from the German original) are the following: 1. 2(a) and (e) and Art.

Television

Television Art Advertising Advertising

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994.

Copying

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing

Publishing Copyright Related Rights Social Media

Advertising on Pirate Sites Outlawed in Ukraine Under New Law

TorrentFreak

SEPTEMBER 20, 2023

The amendments relating to online advertising are considerable but of particular interest is a section that outlaws placement of advertising on pirate platforms, in clearly defined circumstances. Law of Ukraine No.

Advertising

Advertising Advertising Law Intellectual Property

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

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.

Government

Government Related Rights Copyright Law

Pirate Site Blocking is Making its Way Into Free Trade Agreements

TorrentFreak

MAY 8, 2022

b) the services of the ISP are used by a third party to infringe copyright or related rights in the territory of that Party. However, it specifically references a report from the U.S. ” The Alliance for Intellectual Property doesn’t mention any other countries by name.

Intellectual Property

Intellectual Property Government Copyright Reporting

Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

Kluwer Copyright Blog

MARCH 24, 2022

The court also pointed out that the following circumstances shall also be taken into account in the establishment of reasonable tariffs for remuneration rights: (i) the nature and scope of the use of the work and objects of related rights; and (ii) the economic value of the service provided by the collective management organisation.

Intellectual Property Law

Intellectual Property Law Intellectual Property Editing Related Rights

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

Book review: Guidebook to Intellectual Property + discount code

The IPKat

MARCH 18, 2023

As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts. The second part focuses on protecting products through patents and industrial design.

Intellectual Property

Intellectual Property Moral Rights Database Right Editing

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral). Compensation presupposes culpability and infringement of IP (or related rights) (i.e., Emphasis added.)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

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.

Government

Government Copyright Related Rights Licensing

EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

Kluwer Copyright Blog

JANUARY 23, 2024

The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).

Copyright Infringement

Copyright Infringement Copyright Law Journalism

[Guest Post] The African Group’s Proposal on a Work Program on Limitations and Exceptions Moves Forward in WIPO’s Committee on Copyright

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

Copyright

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

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Image Source: Shutterstock]. ” The composer of a musical composition is the exclusive owner of the work’s copyright.

Music

Music Copyright Copyright Infringement Moral Rights

Can someone’s face be a trade mark?

The IPKat

DECEMBER 29, 2022

In all this, it is to be borne in mind that the likeness of a famous person may be indeed used as the subject of goods and services (as per the above), rather than as their indicator of commercial origin (the Office referred to the 2008 decision of the German Federal Court of Justice in Marlene Dietrich ).

Copyright

Copyright Registration Intellectual Property Related Rights

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Collective management of copyright and neighbouring rights in Greece

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.

Copyright

Copyright Related Rights Television Law

The need for the protection of Traditional Cultural Expressions.

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

However, in the Intellectual Property policy framework, traditional knowledge refers to the knowledge related to medical, environmental and biological resources. The legal doctrines involved are closely related to copyrights and related rights systems. Why is their protection important?

Intellectual Property

Intellectual Property Public Domain Music IP

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

The IPKat

SEPTEMBER 26, 2021

Ultimately, the CJEU ruled that, lacking a licence to communicate/make available to the public TV programmes outside of the relevant territory (in that case: Italy), the provider of a cloud-based recording service would be in itself infringing copyright and related rights. Let’s see a bit more in detail how AG Hogan reasoned.

Copying

Copying Copyright Law Related Rights

Transposing the DSM Directive: the draft Swedish implementation of Article 17

The IPKat

NOVEMBER 9, 2021

In any case, the reference to “high industry standards of professional diligence” is made in the preparatory works that are part of the memorandum which Swedish courts frequently seek guidance in.

Government

Government Copyright Related Rights Law

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Kluwer Copyright Blog

FEBRUARY 12, 2023

The reason is that, as noted below, the Directive provides that IMEs can be in charge of the collective management of copyright and related rights and that, inter alia , “ right holders should be free to entrust the management of their rights to independent management entities.”

Copyright

Copyright Law Marketing Marketing

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

Kluwer Copyright Blog

JULY 16, 2021

In the current legal regime, the main premise for the payment of funds collected through the private copying levy was the claim that the recipient of the levy has created a work or related rights subject matter which is reproduced and that this reproduction is carried out for personal use. References [ + ] References.

Copying

Copying Law Copyright Law Copyright

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

JUNE 28, 2022

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright

Copyright Intellectual Property Database Right Related Rights

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

The IPKat

JULY 20, 2023

What those references have in common is that both were made in the field of broadcasting and concern issues of private copying under Article 5(2)(b) of the InfoSoc Directive. 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.

Copying

Copying Law Copyright Publishing

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

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. This two-part blog post contains a summary of our report’s conclusions and recommendations.

Music

Music Copyright Derivative Work Ownership

Even if your name is as famous as Ronaldinho, the UK IPO cannot raise ex officio bad faith objections

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…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

Licensing

Kluwer Copyright Blog

APRIL 5, 2022

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?

Copyright Law

Copyright Law Copyright Law Music

Kluwer Copyright Blog

OCTOBER 3, 2022

This is a preliminary reference from the Portuguese Supereme Court, which interprets the notion of “cable restransimission”. You can read the previous round-ups here. CJEU judgments and AG Opinions. RTL Television, Court of Justice, C-716/20. On 8 September 2022, the CJEU issued its judgment in RTL Television.

Copyright Law

Copyright Law Copyright Law Music

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. One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1]

IP

IP Copyright Art Related Rights

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. The same holds true for parody and caricature.

Copyright Law

Copyright Law Art Copyright Law

High Definition, Standard Definition and Copyright

Kluwer Copyright Blog

NOVEMBER 15, 2022

In April 2021, the Austrian Supreme Court referred two questions of principle to the CJEU concerning the activity of a satellite TV package provider (Austrian Supreme Court, 4Ob195/20k ). However, according to the Supreme Court, this result is not without doubt therefore it has referred the first question to the CJEU.

Copyright

Copyright Music Intellectual Property Related Rights

CJEU has received first reference on DSM Directive

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

Trending Sources

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

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

Advertising on Pirate Sites Outlawed in Ukraine Under New Law

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

Pirate Site Blocking is Making its Way Into Free Trade Agreements

Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

Establishment and operation of CMOs in Greece

Book review: Guidebook to Intellectual Property + discount code

Does food flavouring constitute a “work”?

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

EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

[Guest Post] The African Group’s Proposal on a Work Program on Limitations and Exceptions Moves Forward in WIPO’s Committee on Copyright

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

Can someone’s face be a trade mark?

Protection of Nonfungible Tokens in Indonesia

Collective management of copyright and neighbouring rights in Greece

The need for the protection of Traditional Cultural Expressions.

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

Transposing the DSM Directive: the draft Swedish implementation of Article 17

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Even if your name is as famous as Ronaldinho, the UK IPO cannot raise ex officio bad faith objections

Sunday Surprises

Member States referred to the CJEU for failure to transpose copyright directives into national law

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

The Five Essential Copyright-Related Terms You Need to Know

AG Øe advises CJEU to rule that Article 17 is COMPATIBLE with the EU Charter of Fundamental Rights and should not be annulled

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

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

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

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

EU copyright law round up – first trimester of 2022

EU copyright law round up – third trimester of 2022

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

The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

High Definition, Standard Definition and Copyright

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