Legislative process

Collective management, Exceptions and Limitations, Fair Use, France, Infringement, Jurisdiction, Legislative process, Remuneration (equitable)

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In France, search engines using thumbnails are likely to infringe on copyright. On 8 April 2014, a French Senator proposed a Bill to establish compulsory collective management for the reproduction of photographs and images by search engine services. Thumbnails are reduced-size versions of photographs and images, used by search engines such as Google Images in…

Case Law, Collective management, Jurisdiction, Legislative process, Netherlands

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Important ruling by Dutch Supreme Court on cable retransmission, film copyright and collective management of rights Guest blog by Prof. Dr D.J.G. Visser, Institute for Private Law, Leiden University “This could well mean that several Dutch collecting societies, in particular those representing actors, screenwriters and directors (Norma, Lira and Vevam) can no longer claim remuneration…

Case Law, Collective management, European Union, Jurisdiction, Legislative process, Private copying, Remuneration (equitable)

(Institute for Information Law (IViR)) and (Institute for Information Law (IViR), University of Amsterdam.)/ /Leave a comment

This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 – ACI Adam and Others, delivered on 9 January 2014 (not available in English). In this case, Advocate General Villalón considered whether reproductions from unlawful sources fall within the private copying exception of art. 5(2)(b) of Directive 2001/29/EC (Copyright…

Collective management, Enforcement, Infringement, Legislative process, Liability, Switzerland

(Lenz & Staehellin, Geneva )/ /2 Comments

The Swiss working group on Copyright (AGUR12) released his report on December 2013 related to management of rights at the digital age. This should lead to a legal basis for a notice and takedown procedure and thus reduce the supply of illegal content, while downloading from illegal sources should remain legal. The original mandate goes…

Digital Single Market, European Union, Jurisdiction, Legislative process

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“The first question (territoriality) and the last question (single EU copyright title) could be considered as the alpha and the omega of the questionnaire and they are interlinked in various ways.” A public consultation on the review of EU copyright rules was launched by the European Commission a few  days ago .  The consultation refers…

European Union, Germany, Italy, Jurisdiction, Legislative process

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By Valentina Moscon, Scholarship holder at the Max Planck Institute & University of Trento The Italian Parliament recently approved a new law concerning the valorization of culture (Law of October 7, 2013, n. 112, G.U. n. 236, 8.10.2013). The law includes, in section 4, a regulation for Open Access (OA) to scientific publications. With this new…

Communication (right of), Database right, Legislative process, Liability, Switzerland

(Lenz & Staehellin, Geneva )/ /Leave a comment

“The report reflects the general tendency of Swiss legislative authorities to avoid legislative process and to favor a flexible approach of existing regulations.” The Swiss Federal Council reported a few weeks ago, in response to a postulate referred by the National Council in 2011 related to the legal situation of social media, that Social networks…

Germany, Jurisdiction, Legislative process, Neighbouring rights

(Rechtsanwalt Zimbehl)/ /Leave a comment

“Concerns have been expressed by the German blogosphere that this mere “Lex Google” will put bloggers and smaller news-aggregators under the risk of being targeted by mass legal procedures of the publishers and that quotation rights are undermined.” It is no exaggeration to say that nearly the whole German copyright community is waiting for the next…

European Union, Exceptions and Limitations, Legislative process

(Schulich School of Law )/ /Leave a comment

A relatively new feature on the different Kluwer Legal Blogs (e.g. the KluwerPatentBlog and the KluwerArbitrationBlog) is the so-called legal Blog Poll. Not only because it is always nice to hear what the communis opinio is about recent developments in jurisprudence and legislative procedures or about new or revived theories and ideas, but also to…

Collective management, European Union, Jurisdiction, Legislative process, Netherlands, Private copying

(Schulich School of Law )/ /2 Comments

“”The difficulty also lies in the fact that (to our knowledge) no levy system within the EU provided before Padawan for such a distinction and that the structure of the payment system did/does not lend itself easily to making such a distinction.” There’s nothing wrong with a private copying levy, the CJEU decided in SGAE/Padawan,…