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[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. The law introduced a new sui generis right for non-original CGOs.

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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.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

Related rights. In addition to rights of the author, German copyright law also recognises related rights. 3, second sentence UrhG stipulates that the right of distribution in relation to that copy has been exhausted (with the exception of the right of rental).

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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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Never Too Late: If you missed the IPKat the past 2 weeks!

The IPKat

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. patent related rights shape mark trade marks

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Under a New EU-Focused Copyright Law, Musical Artists Currently Earn *Nothing*

TorrentFreak

” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned. As a result, no collective rights management groups appear to be operating in Moldova. 230/2022 regarding copyright and related rights.”

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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).

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Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Kluwer Copyright Blog

However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific related right under Section 72 of the UrhG. Photo by Soragrit Wongsa on Unsplash.

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

Kluwer Copyright Blog

The report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? This second part presents our conclusions regarding EU rules on related rights and outlines policy recommendations for EU legislators in this field.

Music 56
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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.

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Portugal strengthens copyright protection on the Internet

Garrigues Blog

Portuguese Law 82/2021 has been published on November 30, dealing with the supervision, control, removal and impediment of access in a digital environment to protected content, trying to make it a safer and more regulated place for right holders.

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

The IPKat

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead. Ready to mine.

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Never too Late: If you missed the IPKat last week!

The IPKat

Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights , adopted in December 2022. A remarkably focused Kat If you missed last week's IP posts, this is the perfect time to catch up.

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Computer and Internet Weekly Updates for 2021-12-18

Barry Sookman

Ireland European Union (Copyright and Related Rights in the Digital Single Market) Regulations SI No. Computer and Internet Weekly Updates for 2021-12-11 [link] 2021-12-12. Canadian courts confirm significant limits on privacy class actions [link] 2021-12-13.

Privacy 56
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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.

Copying 56
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US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

The IPKat

But is the EU press publishers’ right a model for other legislatures to follow too? In a report released last week, the Copyright Office advised against adopting additional rights for press publishers.

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Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Kluwer Copyright Blog

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”). Subject matter and right-holders. Exclusive rights.

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Role Of Intellectual Property Rights In The Era Of Quantum Technology

IIPRD

What kinds of IP related rights would apply to quantum computing technology? This article will provide the holistic view of the current framework of IP and its related rights and how would it balance the interests of innovators/stakeholders and the interest of public.

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

IP and Legal Filings

As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. Right to communicate the work to the public. According to Section 30, the holder of copyrights may license all or part of his rights to another party.

Music 67
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How artificial intelligence works in relation to copyright

The IPKat

Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs. Let us briefly examine how these systems work and then consider how intellectual property law relates to them.

Copyright 114
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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.

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Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

Kluwer Copyright Blog

263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. Photo by Sara Kurfeß on Unsplash.

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Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations.

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The WIPO Files I: the quest to protect user rights

Kluwer Copyright Blog

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es.

Blogging 114
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Reading List: Art. 17 implementation

43(B)log

17 Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) with a new Act on the Copyright Liability of Online Content Sharing Service Providers (OCSSP Act), which entered into force on 1 August 2021. Our data collection revealed only few changes in the terms and conditions of platforms over time but significant differences between the services in relation to their use of content recognition technology.

Art 43
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Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school

Kluwer Copyright Blog

The court emphasized that from a legal point of view it is always relevant to distinguish the remuneration rights from the exclusive rights granted to right holders. Right holders?

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What is the Copyright Status of AI Generated Works?

azrights

It’s possible to create striking artistic images, music, poems and the like using Artificial Intelligence (AI) platforms so people naturally wonder who owns the rights in the output? So, it’s appropriate that you own the rights in the resulting output.

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Structuring Legal and Institutional Initiatives for TCE Protection

Biswajit Sarkar Copyright Blog

The form of IPR that seems to have a role here is Copyright and the related rights system. A stand-alone sui generis system would recognize the rights related to TCE in a very specific manner, made to define the scope and actions that may be taken thereon.

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Sites With >100 Links to Pirated Content Will Be Banned From Search Engines

TorrentFreak

“It is understood that these resources are public and controlled by legal entities, which in case of violation of copyright or related rights may act as defendants in court,” the proposals read.

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The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. 31, 36, 37, 39 – Pelham, in the context of the phonogram producer’s right (with the same basis in EU law in Article 2 InfoSoc Directive)).

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Book review: Performers' Rights

The IPKat

This is a review of Performer's Rights by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended).

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Friday Fantasies

The IPKat

in particular) in relation to amendments to the description, in judicial proceedings and before the EPO. A Kat trying to submit a paper A new month has begun and, together with that, here are the latest opportunities and events to find out about.

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Broadcasters’ Cable Retransmission Rights: in line (or not) with the EU right of communication to the public?

Kluwer Copyright Blog

The case is an ideal example of the intricacy of the EU copyright law edifice regarding the right of communication to the public, which appears as a patchwork of disperse legislative provisions and case law. The latter benefit this right on the basis of Art.

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Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

Kluwer Copyright Blog

For monetizing uploaded videos, the uploading user has to confirm that they have read the copyright provisions and have the copyright or usage rights to the videos. Photo by CardMapr on Unsplash.

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Copyright law and football matches: impossible to match? (Part II)

Kluwer Copyright Blog

Having excluded copyright protection, the only question which remained was to establish whether the broadcasts could be protected by related rights of the broadcasters.

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Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

How India developed its negotiating stance and played the negotiating game would be of interest to students, experts and practitioners of multilateral negotiations as well as of intellectual property in general, and copyright and related rights in particular.”

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Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

The IPKat

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 100
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EU copyright law round up – third trimester of 2022

Kluwer Copyright Blog

In addition, the Commission emphasises that the EU legislator must balance various fundamental rights when exercising its powers. Photo by Markus Spiske on Unsplash. Welcome to the third trimester of the 2022 round up of EU copyright law!

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Google’s Permanent Deindexing of Pirate Sites Spreads Across Europe

TorrentFreak

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.

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Supreme Court: File-Sharing Platform Must Block Search Terms to Stop Piracy

TorrentFreak

In 2019, a Prague court ruled that the file-sharing site must block searches for several film-related terms. This means that Uloz must continue to filter searches for a list of “forbidden words” and block downloads of related movies. To the global audience Ulož.to

Music 98
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Pirate Site Blocking is Making its Way Into Free Trade Agreements

TorrentFreak

The blocking approach was still relatively controversial at the start of the last decade but it’s increasingly being normalized. b) the services of the ISP are used by a third party to infringe copyright or related rights in the territory of that Party.

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Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Kluwer Copyright Blog

Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’. Works of authorship are protected through economic and moral rights afforded to the copyright holder. Photo by Bruno Martins on Unsplash.

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EU copyright law round up – first trimester of 2022

Kluwer Copyright Blog

In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State.