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.

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.

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).

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.

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.

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.

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.

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.

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.

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.”

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.

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.

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

Kluwer Copyright Blog

While the COVID-19 pandemic has affected the revenues of European football clubs (see 30th Annual Review of Football Finance from Deloitte’s Sports Business Group), audiovisual rights still have a crucial role in securing the financing of sports events in the European Union.

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) A new UK bill focusing on various aspects related to musicians and other related right holders was published in November. Photo by Markus Spiske on Unsplash.

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.

A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works

Kluwer Copyright Blog

We have recently published a white paper , authored by Julia Reda ( Gesellschaft für Freiheitsrechte ) and Paul Keller ( Open Future ) that proposes to build a public repository of Public Domain and openly licensed works.

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.

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.

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.

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.

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

The IPKat

Finally, Section 52(u) provides that a contractual term that restricts a user’s right is invalid. In addition, by using ‘right’, the Swedish draft indicates that the mandatory exceptions under Article 17(7) of the Directive are to be qualified as ‘rights’ of users.

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.

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

Such extension of rights has given birth to newer concerns in developing nations as to the extent of such rights and their primacy over the interests of the society at large, relating to issues of public health and consumer protection in particular.

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

If an OCSSP fails to meet the conditions for the liability exemption, it will be liable as an infringer and the affected right holders will be able – in the terms provided for by the IP Rights Enforcement Directive (IPRED) and its national implementations – to claim appropriate damages from it.

Art 96

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.

Case study: “copyright-free” in-store music and collective management

LexBlog IP

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. It may therefore be concluded that such right is not assigned to a CMO. Facts.

Music 52

The European Audiovisual Observatory publishes the Mapping report on national remedies against online piracy of sports content

Kluwer Copyright Blog

In the light of the above-mentioned results, gathered through the submission of the questionnaire and the examination of relevant studies on the national remedies against copyright infringement and the related national case-law (for instance see Campus, G.

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.

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Kluwer Copyright Blog

Fundamental Rights are the constants in many constitutional orders. Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order.

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The UKIPO is reviewing whether this provision strikes the right balance between incentivising and rewarding investment in AI creativity.

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].

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Right of remuneration (Sections 32 et seqq. In the parallel decision in GVR-Tageszeitungen II , the BGH clarified that the provision in Section 32 UrhG only covered remuneration to which the author is entitled for the granting of exploitation rights and permission to use the work.

Sunday Surprises

The IPKat

The panels will be a Statutory General Assembly and an Online conference on international issues related to GIs, respectively. The Thomas Edison Innovation Law and Policy Fellowship promotes excellent academic research about IP and related rights in the innovative and creative communities.

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Kluwer Copyright Blog

Those versed in the intersection between IP rights and technology know that computer programs protection has always caused inevitable frictions IP law. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights).

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).

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Moral rights (Sections 12-14 UrhG).

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.

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.

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.

Africa IP Highlights #2: The trademarks arena

The IPKat

The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks. Notably the applicant had a right to be notified of the pending removal and extinction of the related rights in the trademark.

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?

France – Strengthening the fight against online piracy

LexBlog IP

More generally, the new authority shall now protect works and objects protected by copyright, neighbouring rights or audiovisual exploitation rights against infringements on the Internet. ARCOM will assist right holders to do this in using the new tools detailed below.