Neighbouring rights

Neighbouring rights, also known as rights neighbouring to copyright, are rights for three categories of people who are not technically authors: performing artists, producers of phonogrammes, and those involved in radio and television broadcasting.

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Finland, France, Germany, Neighbouring rights, Netherlands, Press Publishers ’ Right, Spain

(Universidade Católica Portuguesa)/ /Leave a comment

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. The first part examined the legal nature of the VSE rule, concluding that it ought to be qualified not as an ‘exception’, but as a…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Neighbouring rights, Press Publishers ’ Right

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By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications. By extending the rights of reproduction and…

Authorship, Neighbouring rights, Originality, United Kingdom

(The University of Nottingham) and (University College London)/ /Leave a comment

Running from 29 October 2021 to 7 January 2022, the “Artificial Intelligence and IP: copyright and patents” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here). It followed the UKIPO’s previous, more exploratory inquiry into anticipated interactions between IP protection across the…

AG Opinion, Case Law, CJEU, Enforcement, European Union, Germany, Infringement, Legislative process, Liability, Neighbouring rights, Press Publishers ’ Right

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Just a few days before Christmas, Advocate General Hogan published his opinion that the German related right (neighbouring right) in favour of press publishers is unenforceable for formal reasons. In his view, it should have been notified to the European Commission before the law was passed in Germany. The final word is now with the…

Database right, European Union, Neighbouring rights

(Institute for Information Law (IViR))/ /Leave a comment

With the growth of the ‘data-driven economy’and the rise of ‘Big Data’ have come calls for the introduction of a novel property right in data. Apparently in response to demands from the German automotive industry, the European Commission has in its 2017 Communication on ‘Building a European data economy’ advanced the idea of creating a…

Brexit, Case Law, CJEU, European Union, France, Germany, Legislative process, Neighbouring rights, United Kingdom

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2016 was a busy year for European copyright law. Unsurprisingly, Brexit and its potential impact on copyright in Europe and the UK was one of the most popular topics on the Kluwer Copyright Blog. Other hot topics included the much-anticipated CJEU judgment in the GS Media case and the ongoing EU copyright reform.  We provide a countdown below…

European Union, Exceptions and Limitations, Legislative process, Neighbouring rights

(ASK Research Center, Università Bocconi)/ /1 Comment

On March 23 the European Commission launched a public consultation on both the role of publishers in the copyright value chain and the ‘panorama exception’. The intent was to gather views on several issues: first, whether publishers of newspapers, magazines, books and scientific journals are facing problems in the digital environment as a result of…

European Union, Legislative process, Neighbouring rights

(Maastricht University)/ /Leave a comment

Earlier this year, the Commission launched a public consultation on the role of publishers in the copyright value chain. The consultation sought to gather views on a number of issues, namely the impact of granting an EU neighbouring right to publishers and whether the need for EU intervention is different in the press sector vis-à-vis…

Case Law, Germany, Infringement, Neighbouring rights

(Boehmert & Boehmert)/ /Leave a comment

German Federal Constitutional Court’s decision of 31 May 2016, (ref.: 1 BvR 1585/13): Metall-auf-Metall Sampling technology has become an integral part of today’s music production. It is not unusual in recording studios for artists and producers to recall sounds from other artist’s productions which they particularly liked, copy them from the original recordings and use…

European Union, Legislative process, Neighbouring rights, Press Publishers ’ Right

(Brinkhof)/ /1 Comment

There are just three days to go until the European Commission’s public consultation on “the role of publishers in the copyright value chain” closes and those who have not yet responded to the consultation should consider doing so. Although the Commission’s explanatory statement hardly makes this clear, it is considering a legislative initiative that could…