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Case Law, Communication (right of), Digital Single Market, Germany, Infringement, Liability

The German Bundesgerichtshof applies the latest CJEU case law on liability for linking to search engines

Jan Bernd Nordemann (Boehmert & Boehmert)/March 6, 2018March 20, 2019 /Leave a comment

…search engine would have to be as follows: “For a search engine, it would have to be positively confirmed that the search engine knew or ought to have known about…

Duration, European Union, Jurisdiction

Do most US authors still only enjoy a copyright term of life plus 50 in the EU?

Robert Brauneis (Professor of Law at the George Washington University School of Law)/January 27, 2014 /1 Comment

EU is Canada’s term, life plus 50. The Copyright Term Directives explicitly protect authors who are EU nationals from this truncation of term, but US authors are not so protected….

Case Law, Germany

Germany’s publishers take on Google

Jan Bernd Nordemann (Boehmert & Boehmert)/August 30, 2016March 22, 2017 /Leave a comment

legislator had in mind in this respect was aggregators of news content, especially internet search engines. Internet search engines regularly make press content available to the public on the internet…

Collective management, Digital Single Market, Duration, European Union, Legislative process

The seven-year itch: is the Term Extension Directive working for performers?

Ana Ramalho (Maastricht University) and Aurelio Lopez-Tarruella (University of Alicante)/May 24, 2018March 20, 2019 /Leave a comment

sought to evaluate the status quo of implementation of the Directive, to identify best practices in the Member States, and to consider the potential long- term effects of the term…

Collective management, Communication (right of), France, Legislative process, Reproduction (right of)

New French Act: Google Images will have to pay royalties

Brad Spitz (REALEX)/October 17, 2016March 22, 2017 /Leave a comment

photographs and images are published. However, French collecting societies claim that the images presented by the search engines are presented in such a way (in terms of size, quality and…

Authorship, European Union, Italy, Legislative process, Making available (right of), Netherlands, United Kingdom

Where to Look? Diligent search requirements too vague!

Lucie Guibault (Schulich School of Law )/April 25, 2016April 25, 2016 /Leave a comment

diligent search, two legal questions arise: 1) what constitutes a ‘good faith’ diligent search, knowing that the law provides no indication as to scope and sources of the search; 2)…

Collective management, France, Infringement, Jurisdiction, Legislative process, Limitations

Thumbnails: French proposal for payment of royalties by search engines

Brad Spitz (REALEX)/April 28, 2014 /Leave a comment

of photographs and images by search engine services. Thumbnails are reduced-size versions of photographs and images, used by search engines such as Google Images in order to facilitate their recognition…

Case Law, Germany, Infringement, Jurisdiction, Landmark Cases, Liability

Vorschaubilder II. The second case on image search thumbnails

John Weitzmann (iRights.info)/June 5, 2012 /Leave a comment

The German Federal Court of Justice rejects liability for image search thumbnails even if they are indexed on websites showing the images without permission as long as other websites did…

Enforcement, Infringement, Jurisdiction, Limitations, Spain

Spanish Supreme Court rules in favour of Google search engine

Kluwer Copyright Blogger/June 15, 2012November 23, 2016 /Leave a comment

…application of copyright laws within technologically changing contexts. “ On 3 April 2012, the Spanish Supreme Court issued a major ruling in favor of the Google search engine (including its…

Database right, European Union, Jurisdiction, Netherlands

EU: Does Innoweb hinder innovation on the web?

Martin Husovec (Tilburg Law School)/January 20, 2014 /1 Comment

ads and thus effectively can prohibit the meta search engine operation. After several remarks on how technologically dedicated (real time) meta search engines differ from general search engines like Google…

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Contributors

  • Christina Angelopoulos
    CIPIL, University of Cambridge
  • Brad Spitz
    REALEX
  • João Pedro Quintais
    Institute for Information Law (IViR)
  • Jeremy Blum
    Bristows LLP
  • Gianluca Campus
    University of Milan
  • Martin Husovec
    Tilburg Law School
  • Bernt Hugenholtz
    Institute for Information Law (IViR)
  • Bernd Justin Jütte
    University of Nottingham, School of Law
  • Patricia Mariscal
    Elzaburu
  • Rita Matulionyte
    University of Newcastle, Australia
  • Jan Bernd Nordemann
    Boehmert & Boehmert
  • Rainer Schultes
    Geistwert
  • Tatiana Synodinou
    University of Cyprus

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