“However, in none of the studied countries, e-lending activities rely on a statutory copyright or lending right exception.” By Kelly Breemen and Vicky Breemen, Institute for Information Law, Amsterdam (IViR). Public libraries in various countries are increasingly involved in e-lending practices. Thus far, these practices are largely based on contractual agreements between the parties concerned…

ECtHR (5th section), 10 January 2013, case of Ashby Donald and others v. France, Appl. nr. 36769/08. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. “Although the European Court did not find a violation of Article 10 in the case of Ashby Donald and others v. France, the judgment in this case…

By Raquel Xalabarder, Universitat Oberta de Catalunya “This ruling is very good news for the recent doctrinal attempts to bring some flexibility in the way copyright laws are being interpreted and applied.  It is difficult to predict the impact that this ruling may have in successive case law, but it is certainly an important milestone…

by Linda Scales, solicitor, Dublin. A copyright controversy has been raging in Ireland this week. The SOPA/PIPA debate fuelled fears that an unpublished piece of secondary legislation would provide a regime similar to that proposed in the US. The Irish instrument was labelled “Ireland’s SOPA”, even though no one knew what the document contained. In…

Court of Appeal The Hague, 28 June 2011,  Stichting Leenrecht v. VOB Lending rights. Plaintiff, the Dutch Association for Lending Rights, argues that an extended loan of library books should be considered a new loan and that therefore public lending rights are due. The Court of Appeal The Hague disagrees and concludes by referring to…

Guest Blog by Pamela Samuelson, Berkeley Law School Are programming languages, program functionality, and data interfaces protectable by copyright law or not? These questions were highly contentious in the United States during the mid-1980s to the mid-1990s. Plaintiffs in several cases argued that because these were parts of the “structure, sequence, and organization” (SSO) of…