France

Austria, Belgium, Bulgaria, Digital Single Market, European Union, France, Germany, Netherlands, Remuneration (equitable)

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

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA).[1] ALLEA, therefore, welcomes the recognition in the laws of an increasing number of European countries of so-called ‘Secondary Publication Rights’ (SPRs) that allow publicly funded researchers to…

Case Law, CJEU, European Union, France

(REALEX)/ /Leave a comment

In its jugment of 30 April 2024 (C-470/21), the Court of Justice of the European Union answered three questions referred by the French Administrative Supreme Court (‘Conseil d’Etat’), that can be summed up as follows: must Article 15(1) of Directive 2002/58 on privacy and electronic communications be interpreted as precluding national legislation which authorises the…

CDSM Directive, France, Germany, Infringement

, (University of Bremen)/ /Leave a comment

The Digital Services Act (DSA) transparency database, while proving to be rather useless for misinformation or hate speech researchers, is very enlightening on copyright moderation.  Platform governance researchers have long suspected that YouTube is the most heavily moderated platform on copyright issues, and we now have concrete proof of this.  YouTube, to date, according to…

Artificial Intelligence (AI), France, Remuneration (equitable), Text and Data Mining (TDM)

(REALEX)/ /2 Comments

In a statement made on 12 October 2023, the French collecting society Sacem, which represents most authors/composers and publishers of music in France, announced that it is opting out of machine learning training for the works in its repertoire. Sacem explains that it is basing its opt-out from generative AI systems on Article L122-5-3 of…

Case Law, France, Infringement, Originality

(REALEX)/ /Leave a comment

In a case between Google and the creator of the font used by the French newspaper Le Monde, the Paris Court of First Instance (‘Tribunal Judiciaire’) has handed down a judgment in which it ruled that the font created for the newspaper is original and thus protected by copyright, even though it found that Google’s…

Authorship, CDSM Directive, Contract, Digital Single Market, European Union, France, International Agreement, United Kingdom, USA

(Potter Clarkson LLP and King's College London)/ /1 Comment

Professor of Literary and Artistic Property Law at the Columbia Law School Jane C. Ginsburg recently visited London, where she delivered her lecture in memory of a well-known legal scholar – Professor William (Bill) Rodolph Cornish. Described as “an intellectual property pioneer and modern legal historian”, his untimely death in January 2022 was a blow…

CDSM Directive, Digital Single Market, France, Performers' Rights, Remuneration (equitable)

(REALEX)/ /Leave a comment

Order no. 2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). In a ruling of 15 November 2022, the French administrative Supreme Court annulled the transposition Order to the extent that it does…

Duration, France, Germany, Italy, Originality, Subject matter (copyrightable)

(Università di Pavia)/ /Leave a comment

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022)   Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. As is known, originality has always been the essential requirement…