Berne Convention meaning

In this issue: Copyright & associated rights Confidential Information LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights What is the current position of the three-step fair dealing test in Article 5(5) of the EU InfoSoc Directive and Article 9(2) of the Berne Convention under UK case law, in an individual dispute where any form of fair dealing is relied upon as a defence to infringement? This Q&A explores the standing of the three-step test for a lawful copyright exception under both Article 5(5) of the EU InfoSoc Directive and Article 9(2) of the Berne Convention, considering its application to exceptions pleaded case by case under UK authority. It surveys how UK courts have treated these tests historically, and reflects on the possible effects of the Retained EU Law (Revocation and Reform) Act 2023...

Original news Digital TV streaming service found guilty of copyright violations, LNB News 26/06/2014 New York Times, 26 June 2014: The US Supreme Court held that Aereo, a television streaming platform, breached copyright by capturing broadcast signals with miniature aerials and forwarding them to subscribers for payment. The ruling was a significant victory for US broadcast networks, which argued Aereo had used a high-tech method to pilfer their content. What is the state of unauthorised online streaming in the US? The Aereo judgment adds to a global discussion about third parties distributing broadcast programmes, stepping in between broadcasters and viewers. The case turned on whether US copyright law required permission from broadcasters when Aereo picked up their programmes off-air and sent them online to its users. As a general rule, retransmitting a broadcast to the public in a Berne Convention country will infringe the copyright in any protected work featured in that broadcast if done without the right holder’s authorisation. In the US, this permits broadcasters to levy substantial...

Kwantum Nederland BV v Kwantum België BVVitra Collections AG, Case C-227/23 What are the practical implications of this case? This judgment carries tangible consequences, as it meaningfully reinforces protection for original works of applied art coming from non‑EU member states within the framework of harmonised EU copyright law. By preventing Member States from invoking, in their national laws, the material reciprocity test (as set out in the Berne Convention), the Court of Justice further curtails national discretion to secure deeper harmonisation of EU copyright. Accordingly, the Court effectively unlocks for numerous creators based outside the Union the ability to advance claims under EU copyright, even where their works are only traded inside the EU yet stem from countries affording lesser protection, or none. The ruling stands as a precedent for applying international copyright norms within the EU. It may yield more uniform protection standards across Member States and shape global copyright practice. By confirming that non‑EU designs can attract EU copyright protection (provided they are ‘original’), the decision could...

For other frequently used film and TV terms, see the following: Film and TV glossary C–D Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W Abandonment When a commissioning producer acquires takeover rights and, then or later, at any time, decides in their sole and absolute discretion that completing the film is not financially viable, they may, by notice in writing, delivered to the film production company itself, formally declare the production of the film abandoned and thereby bring the film’s production to a formal end. Acquisition agreements These agreements are intended for use in circumstances where a company obtains from the film’s owner rights across multiple separate media for a specified territory. See: Acquisition agreement—film—rights in a number of separate media for a designated territory—owner of film: Encyclopaedia of Forms and Precedents [58]. Advertising Standards Authority (ASA) ...

Intellectual property law is predominantly national in scope. Nevertheless, multiple international conventions and treaties require states to uphold minimum standards of IP protection and to recognise IP generated by nationals of other countries worldwide. The World Intellectual Property Organization (WIPO) oversees more than twenty treaties and conventions dealing with the registration, classification and safeguarding of IP. Details of those instruments, and their contracting parties, are available in full on its website for reference. This Practice Note outlines, in brief, several of the principal conventions and treaties that WIPO administers. It does not include all treaties and conventions concerning European patents. Paris Convention for the Protection of Industrial Property (1883) This was the earliest accord to harmonise the IP laws of the contracting states. Its scope extends to patents, trade marks, industrial designs, utility models, trade names and geographical indications. A list of contracting states is available here. Major provisions Each contracting state must provide the same protection to nationals of other contracting states as...

ARCHIVED: This Practice Note is archived and is not maintained. It was originally prepared for LexisAdvance® Practical Guidance Singapore. Introduction to moral rights Emerging from civil law traditions, moral rights are a set of non-transferable rights typically forming part of the copyright bundle, intended to protect authors on ethical grounds. These rights are set out in Article 6bis of the Berne Convention (Berne Convention for the Protection of Literary and Artistic Works), which, in substance, states that, independently of an author’s economic rights and even after those rights are assigned, the author retains the right to claim authorship and to oppose any distortion, alteration, or other derogatory treatment of the work that would harm the author’s honour or reputation. Rights within moral rights As identified in the Berne Convention, there are two principal rights encompassed within moral rights: Right of attribution — the author’s entitlement to be recognised as the creator of the work, ensuring that whenever the work is presented, the author...