Whither a Signal-Based Broadcast Treaty?
…Article 40, also found in the Brussels convention) have been removed from earlier drafts. In Article 11(1) and (2), replace “may” with “shall.” Delete Article 11(3) (three-step test) or apply…
Search Results for: article 17
Permissible Pastiche in Pelham II: A proposed response
…Court are as follows: Is the provision limiting use for the purpose of pastiche within the meaning of Article 5(3)(k) of Directive 2001/29/EC a catch-all clause at least for artistic…
AG Opinion, Artificial Intelligence (AI), CDSM Directive, Collective management, Communication (right of), European Union, Legislative process, Round-up, United Kingdom
EU copyright law roundup – first trimester of 2024
…that Italian law, prohibiting independent management entities established in another Member State from offering their services within Italy is incompatible with the freedom to provide services as per Article 56…
The stubborn memory of generative AI: overfitting, fair use, and the AI Act
…merit attention, as they mark a welcome step in the right direction. Article 53(1)(c) sets out the obligation for general-purpose AI model providers to put in place a copyright compliance…
Memorisation in generative models and EU copyright law: an interdisciplinary view
…to Art. 14 e-Commerce Directive, now Article 6 of the Digital Services Act.). Finally, situations where memorisation was intended or negligently allowed could be treated as normal situations of copyright…
Egyptian Case Kurasov v. Wali: Where inspiration meets imitation in the art world
…primarily addressed through criminal sanctions (See here). According to article 181 of the ECL, “without prejudice to any more severe sanction under any other law, shall be punishable by imprisonment…
The case law of the German Federal Court of Justice and other German courts in 2022 – Part II
…DSMCD. For hosting providers not covered by the UrhDaG (i.e. by Article 17 DSMCD), the general liability rules apply, which are also subject to the influence of Union law (Article…
The case law of the German Federal Court of Justice (Bundesgerichtshof) and selected other German courts in 2022 – Part I
Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters…
Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights
…purposes. However, making available books or articles in digital format in institutions such as public and university libraries is needed to enable access to works, which is a necessary precondition…
The Contents of Global Privacy Law Review, Volume 05, Issue 1, 2024
…and has been doing so since its creation), but it needs to respect some criminal law restrictions, privacy or data protection obligations, copyright and contractual Law. This article reviews this…