The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Kluwer Copyright Blog

It was a historic milestone in the area of rights related to copyright. The point of contention was, and continues to be, the transfer of the rights by the artists in favour of audiovisual producers. Image by stokpic from Pixabay.

ARIPO Member States adopt the Kampala Protocol on Voluntary Registration of Copyright and Related Rights

The IPKat

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda.

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Collective management of copyright and neighbouring rights in Greece

JD Supra Law

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).

Never Too Late: if you missed The IPKat recently

The IPKat

Last August, the ARIPO members adopted the Kampala Protocol on voluntary registration of copyright and related rights. The Protocol establishes a regional voluntary registration of copyright and related rights.

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

Kluwer Copyright Blog

The draft law on the rights of professional artists announced by the Polish Ministry of Culture will significantly change how the private copying levy system has been functioning in Poland so far. Photo by Bank Phrom on Unsplash.

Computer and Internet Weekly Updates for 2021-06-26

Barry Sookman

CJEU interpreting the making available right, MICM (Intellectual property – Copyright and related rights – Judgment… [link] … The post Computer and Internet Weekly Updates for 2021-06-26 appeared first on Barry Sookman.

Collective management of copyright and neighbouring rights in Greece

LexBlog IP

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). However, it seems that they do not have this right for anyone else.

Establishment and operation of CMOs in Greece

LexBlog IP

Cost of rights management by CMOs. Law 4481/2017 also regulates the cost of rights management by CMOs, which must be reasonable. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation. Legal forms of CMOs.

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

IP and Legal Filings

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. An overview and the objective of the waiver.

Advocate General’s Considerations on Article 17

IPilogue

The European Union (EU) Court of Justice Advocate General, Saugmandsgaard ØE, recently published the long-awaited opinion on the action brought by the Republic of Poland against the contentious Article 17 of the Directive on Copyright and Related Rights in Digital Single Market.

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art.

European Copyright Directive: Which Stage is the European Union At?

IPilogue

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. Article 15 sets forth the rights of the press , and Articles 18-22 regulate the rights of content creators.

Towards the national transpositions of the DSM Directive: various techniques to. do as you please

The IPKat

Such discretion ranges from the very option to do something in the first place to shaping the actual content of rights and rules. The Italian Copyright Act, in fact, already provided that the publisher of a collective work, as is a newspaper, enjoys the right to exploit such work.

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

The IPKat

The first case ( 4 Ob 40/21t – in German) relates to the operation of an online video recording device. The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia.

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

Kluwer Copyright Blog

The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far. The text of the explanatory memorandum of the draft act on the rights of a professional artist states that: [1] [link].

EU copyright law round up – third trimester of 2021

Kluwer Copyright Blog

11 of the Charter of Fundamental Rights of the European Union. and Right to Know CLG challenged a decision by the European Commission to not grant (free and public) access to harmonised standards adopted by the European Committee for Standardisation (CEN).

False Association Under 2(a) is not the Same As Likelihood of Confusion Under 2(d)

LexBlog IP

Even in the absence of a likelihood of confusion as to the source of goods, we have stated that under section 2(a), one’s right of privacy, or the related right of publicity, may be violated.” In Piano Factory Group, Inc.

Music 52

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

The IPKat

AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information?

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

A few years ago, in fact, in VCAST , C-265/16 [ here ] the Court was asked questions relating to reproductions made through cloud-based recording services.

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

Kluwer Copyright Blog

In retrospect, life was simple in 1996, the year that gave us the Database directive and its much-maligned sui generis right aimed at promoting a European database industry. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

On the necessity of filtering online content and its limitations: AG Saugmandsgaard Øe outlines the borders of Article 17 CDSM Directive

Kluwer Copyright Blog

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

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

Kluwer Copyright Blog

Union law does not provide for a neighboring right to copyright for sport event’s organizers but that some Members States have introduced specific rights for sports events organizers in their legislation, including a new “neighboring right” to copyright.

AI and IP – A real conversation starter

IP Whiteboard

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. The traditional principles relating to trade mark infringement are predicated on human interaction with branding and purchasing decisions.