Infringement

European Union, Exceptions and Limitations, Infringement

, (Future Law Lab; Jagiellonian University) and , (Centrum Cyfrowe Foundation)/ /Leave a comment

In an age where digital access defines education, research, and participation, European libraries face serious legal and technical barriers to lending electronic books. Despite the digital shift, outdated or restrictive interpretations of copyright law often prevent libraries from fulfilling their public mission online. A new report led by the Future Law Lab at Jagiellonian University…

Copyright, European Union, Exceptions and Limitations, Infringement

, (Future Law Lab; Jagiellonian University) and , (Centrum Cyfrowe Foundation)/ /Leave a comment

In an era where digital access to knowledge shapes the frontiers of education, research, and participation, European libraries face significant legal and technical obstacles in lending electronic books. While the shift from paper to digital is well underway in many sectors, libraries — long seen as guardians of knowledge and enablers of equal access —…

Artificial Intelligence (AI), Case Law, Exceptions and Limitations, India, Infringement, Text and Data Mining (TDM)

, (University College Dublin)/ /Leave a comment

The debate on whether works protected by copyright can be used for the training of artificial intelligence (AI) has reached India. While dozens of US District Courts are currently grappling with the question of whether AI training with protected works constitutes fair use, the UK High Court is largely grappling with jurisdictional questions, and EU…

Artificial Intelligence (AI), Collective management, European Union, Exceptions and Limitations, Infringement, Text and Data Mining (TDM)

(Institute for Information Law (IViR) )/ /Leave a comment

Once the dust has settled after a difficult lawmaking process, commentators may succumb to the temptation of simply accepting and rubberstamping whatever result has been achieved. After all, much time and effort has been spent on developing the newly adopted rules. The legislator has spoken. It makes perfect sense to explore the full potential of…

Artificial Intelligence (AI), Infringement, Reproduction (right of)

(Macquarie Law School)/ /Leave a comment

We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. One question on which there has been little discussion is whether the reproduction right is triggered when…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Exceptions and Limitations, Infringement

(Queen Mary University of London)/ /Leave a comment

Welcome back for the second part of the C-590/23 Pelham II hearing commentary. In part one (here), we covered the interpretation of pastiche. However, a very interesting topic arose in the Court’s pre-emptive questions, and during the oral questions: the interaction of “pastiche” with Article 17 CDSM Directive. This was not originally part of the…

Case Law, European Union, Exceptions and Limitations, Germany, Infringement

(Queen Mary University of London)/ /Leave a comment

On 14 January 2025, the Court of Justice of the European Union (CJEU) heard oral arguments in the much-anticipated case C-590/23 Pelham II, where the German Federal Court submitted a request for preliminary ruling on the interpretation of “pastiche”. The purpose was to ascertain whether a two-second sample from a phonogram could fall under the…

Case Law, Communication (right of), Germany, Infringement, Liability

(NORDEMANN)/ /Leave a comment

There is news from Germany on the EU liability concept for indirect infringers. The German Federal Supreme Court (Bundesgerichtshof – BGH) has ruled on the liability of online marketplaces for copyright infringement by their users when uploading copyright infringing photographs. This is the BGH judgment of 23 October 2024 – I ZR 112/23 – Manhattan…

Distribution (right of), Exhaustion, France, Infringement

(Queen Mary University of London)/ /Leave a comment

On 23 October 2024, the five-year dispute between Valve and UFC-Que Choisir has come to a close. With the French Supreme Court upholding the Paris Court of Appeal’s decision, and ruling that consumers cannot resell digital copies of videogames distributed online. Putting the final seal on the question of digital exhaustion in France, and ending…

Austria, Case Law, Exceptions and Limitations, Infringement

(Geistwert)/ /Leave a comment

The Robber Hotzenplotz is the title of a book series for children, written by Ottfried Preußler. The figure of robber Hotzenplotz is characterized on the book cover by a huge black hat, a red band and a feather.   A political party incorporated the face of the Austrian city’s mayor into the drawing of robber…