…come under the exception of Article 57 German Copyright Act (“GCA”), which implements the incidental inclusion exception of Article 5 (3) lit i) Copyright Directive 2001/29. The BGH decision The…
…public of those videograms. Consequently, authorisation is required from concerned rightholders and equitable remuneration is payable under the relevant provisions of the Code of Copyright and Related Rights (Articles 178(1)(a)…
…20 November 2007, Mediatek Italia Srl and Guiseppe De Gregorio filed an application for a declaration of invalidity of the contested trade mark relying on Article 52(2)(c) of Regulation No….
…The Supreme Court likewise acknowledged the legality of the appeal court’s views with regard to the applicability of Article 78(2) of the Copyright Act, rather than Article 445 §3 of…
…do not cover the right to prevent two-dimensional reproductions such as photographs. In Europe, the discretionary nature of Article 5(3)(h) of the InfoSoc Directive has so far allowed EU Member…
Erno Rubik, creator of the famous Rubik’s Cube, brought suit against a Dutch enterprise that trades in gift articles, including the so-called ‘Magic Cube’, which strongly resembles Rubik’s own ‘Rubik’s…
…the Beijing Treaty. The issue, in short, is really one of congressional constitutional power. That power, to enact copyright legislation, derives from Article 1, section 8 of the Constitution, authorizing…
…one. Its decisions are carving out the private copying system applicable in Europe, and from the example given in this article, the same thing is happening on a local level….
…some of the optional exceptions available to EU member states which are set out in Article 5 of the Infosoc Directive. The Infosoc Directive provides for the implementation of these…
…to copyright protection in line with Article 1 of the Italian Copyright Law which protects works ‘whatever their mode or form of expression’ and he was entitled to be named…
