“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…
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…
“”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,…
How the Polish broadcasting law on must-carry and must-offer makes broadcasters choose whether to infringe copyright and licensing contracts or the Polish Broadcasting Act. This post is about a rare mixture of folly and incompetence that is fortunately unlikely to leave any durable traces on the face of copyright law in Europe. However, the utter…
“It is not the European Parliament that officially determines the scope of the negotiating mandate, although its position now can certainly give a sign regarding the political winds that await the TTIP agreement.” The EU and the US have been holding talks on a trade agreement that goes by the name of Transatlantic Trade and…
“The most obvious one is the fact that, if enhanced cooperation is permitted in the area of creation of unitary titles, then a similar solution could be envisaged for copyright.” Last month, the CJEU came to a decision in joined cases C-274/11 and C-295/11, where the claims of Spain and Italy against enhanced cooperation for…
“This decision is significant insofar as it should impact the legislative process regarding the Proposed Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses.” On April 12, 2013, the General Court of the European Union ended a 5 year wait and delivered its judgement in…
“The road to Marrakesh is open but is not paved with roses and the outcome of the negotiations is awaited with both hope and reservations. “ While some statistics demonstrate that only about 5% of all published books are available in accessible formats for print disabled people globally, 2013 promises to be a landmark year…
“However, in none of the studied countries, e-lending activities rely on a statutory copyright or lending right exception.” By Kelly Breemen and Vicky Breemen, Institute for Information Law, Amsterdam (IViR). Public libraries in various countries are increasingly involved in e-lending practices. Thus far, these practices are largely based on contractual agreements between the parties concerned…
“Yet, in contrast to the legislative measures that had been previously contemplated, this deal is only of a stand-alone character and will not affect the situation of smaller aggregators.” A while back we reported on the clash between search giant Google and media organisations in, among other countries, France over the former’s news aggregating service…
