Copyright law and the Pandora’s Kodi box
…Court concerns the application of the temporary copy exception of article 5 par 1 of the Infosoc Directive to the reproductions on multimedia players of works obtained by streaming. The…
Search Results for: article 17
Belgium, Case Law, CJEU, Copyright, Design Rights, European Union, Infringement, Subject matter (copyrightable)
AG Campos Sanchez-Bordona’s opinion in Brompton Bicycle – The good, the bad and the contradictory – Part II
…into account in determining the scope of protection, besides eligibility. Accordingly, this goal may be easily reached by pointing out that features of the shape of a utilitarian article which…
Majority of Dutch Providers to Block The Pirate Bay. Game Over or Next Level in Copyright Wars?
…article 7 of the Dutch Constitution, that provides strong protection against preventive censorship, proved pivotal (para. 4.42 – my earlier reflection on the 11 January ruling [] touched upon these…
Spanish Supreme Court Rules on Originality for Architectural Works
…that it constituted a collaborative work, provided for in Article 7 of the Spanish Copyright Act, and that the rights in the work should therefore be divided equally among the…
European Union: Hotel Edelweiss, European Court of Justice (ECJ), C-641/15, 16 February 2017
…price of a hotel room should not be regarded as an ‘entrance fee’ in relation to the exclusive right of broadcasters provided for in Article 8(3) of Directive 2006/115, as…
Austrian Supreme Court: Public national broadcaster ORF/Facebook – 4Ob36/20b.
ORF/Facebook – First follow up ruling after CJEU C18/18 – Glawischnig/Facebook First, a little bit of history. Back in 2016, a Facebook post containing an article with a photograph of…
Australian copyright law is inhibiting the development of AI – what options does the Australian government have?
…This blog post is an extended summary of the following article (under review): Matulionyte, Rita, Australian copyright law impedes the development of Artificial Intelligence: what can be done? (May 8,…
Does copyright law have to balance fundamental rights beyond the written exceptions? Unfortunately, the German Federal Supreme Court has recently left this question open.
…the press articles did not infringe copyright, as these would have fallen under the exception for the purposes of reporting on current events (§ 50 German Copyright Act). As welcome…
European Union, Legislative process, Limitations, Making available (right of), Reproduction (right of)
Trilogue agreement on the Orphan Works Directive
…holds that the directive is without prejudice to specific solutions being developed in the Member States to address larger mass scale digitization issues. In addition, one of the articles and…
CJEU: Microsoft Mobile Sales International, European Court of Justice (ECJ), C-110/15, 22 September 2016
…law, particularly Article 5(2)(b) of Directive 2001/29, precludes national legislation that subjects exemption from payment of the private copying levy for producers and importers of devices and media intended for…