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.

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

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

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.

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.

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.

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.

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.

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 102

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.

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

The Institute acknowledges that the Data Act Proposal seeks to strike a balance between promoting access to and sharing of IoT data and protecting other conflicting rights. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

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.

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.

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?

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

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.

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.

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).

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.

[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

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).

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.”

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.

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.

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

The IPKat

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).

BREAKING: Article 17 of the DSM Directive is VALID

The IPKat

In those circumstances, the specific liability regime, established by the Directive, in respect of online content-sharing service providers, entails a limitation on the exercise of the right to freedom of expression and information of users of those content-sharing services.

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.

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.

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.

The WIPO Files II: is international lawmaking on copyright still possible?

Kluwer Copyright Blog

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.

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

The IPKat

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

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.

Around the IP Blogs

The IPKat

TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. But for how long will UK-based rights continue to play a role in deciding EU trade mark disputes? One week is over and the next one has just begun.

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

Music 52

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.

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.

Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2

Kluwer Copyright Blog

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. depending on their length and informative content – may be covered by the press publishers’ right.