EU copyright law round up – first trimester of 2022
…Coming soon and latest referrals 2022 promises to be another year full of copyright developments. Most controversially, the CJEU judgment in the Polish challenge to Article 17 of the CDSM…
Search Results for: article 17
Digital Single Market, European Union, Finland, France, Germany, Limitations, Neighbouring rights, Netherlands, Spain
Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 2
…as they conflict with the fundamental freedom of information enshrined in Article 11 of the Charter and Article 10 of the ECHR. First, limiting the reach of the VSE carve-out…
Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1
…to a number of uses, namely private and non-commercial uses by individual users (Article 15(1)(ii)), acts of hyperlinking (Article 15(1)(iii)), uses of individual words and very short extracts (Article 15(1)(iv)),…
The concept of quotation according to the Italian Supreme Court: yet another example of the failure in the harmonization of EU copyright exceptions
…Article 70 of the Italian Copyright Act (l.aut.).[1] While the outcome was foreseeable and great part of its reasoning may be embraced without criticism, the core arguments of the decision…
ECS Annual Conference 2022: “The Constitutional Turn in Copyright Law – From human rights, to competition aspects and fairness concerns”
…of their lifetime and 70 additional years. According to article 17(2) of the EU Fundamental Rights Charter, the property right conferred by copyright law is a creator’s fundamental right. However,…
A vanishing right? The Sui Generis Database Right and the proposed Data Act
…be a major disappointment. Instead of reviewing the Database Directive, the proposal for the Data Act contains a single article (Article 35) that clarifies that the sui generis database right…
Implementation of Art. 17 DSM Directive into German National Law – the German Act on the Copyright Liability of Online Content Sharing Service Providers (UrhDaG)
…afforded for implementation. Article 17 of the DSM Directive does not provide for “presumably permitted” uses. For content to be deemed presumably permitted, it must meet several requirements cumulatively. First,…
The Duchess and the tabloid: copyright, fair dealing and freedom of expression in personal letters
…one of the Mail articles said, the purpose of the article was to “reveal for the first time” the “full content of a sensational letter written by [Ms Markle].” Reporting…
The football game as a copyright work (Part I)
…around 17 ‘laws’. Some of the rules are constitutive; some regulatory (defining, for example, what happens if the rules are breached). Do these rules “leave no room for creative freedom…
Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World
…constitutional legitimacy to the shaping and reshaping of EU copyright law. It was mainly the introduction of Article 17 CDSM Directive, which reforms the liability exemptions for certain types…