Legislative process

European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of)

(Department of Business Law, Lund University)/ /Leave a comment

Literary works, photos, films and music and other items that constitute our common cultural heritage are stored in the collections of cultural institutions, such as publicly accessible libraries, museums and archives. Many of these items are still protected by copyright, but their right holders cannot be identified or located – i.e. the works are so-called…

Communication (right of), Enforcement, Infringement, Jurisdiction, Legislative process, Making available (right of)

(Department of Business Law, Lund University)/ /Leave a comment

Copyright law has developed in close connection with technological evolution. This is particularly true of digital technologies, especially the Internet, which, since the mid-1990s, has generated both vast opportunities and enormous challenges for the copyright system. Geographical distance is no longer an obstacle to the dissemination of works, which can now take place at virtually…

European Union, Jurisdiction, Legislative process, Netherlands

(Maastricht University)/ /1 Comment

As readers of this blog might recall, the Anti-Counterfeiting Trade Agreement (ACTA) has spurred fierce criticisms across Europe. Probably as a consequence of that, the EU has suspended the ratification process and, last 4th of April, the College of Commissioners has agreed on the wording of a question to refer to the Court of Justice…

Case Law, Enforcement, European Union, Legislative process, Remedies, Sweden

(Department of Business Law, Lund University)/ /Leave a comment

“One could say that the CJEU by its decision in the Bonnier-case has “defended” or “safeguarded” the right of civil enforcement by right holders against direct online infringers.” As with enforcement of rights in the analogue environment, enforcement of copyright online presupposes that the infringer is identified or that an intermediary takes action. However, it can…

Exceptions and Limitations, Legislative process, Private copying, Remuneration (equitable), Reproduction (right of)

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An Italian administrative court says yes. Directive 29/2001/EC on copyright and related rights in the information society introduced the principle that EU Member States may authorize individuals to make copies of copyrighted audio, visual and audio-visual works, for private use, without the need to request authorization to right holders, subject to the general condition that…

European Union, Jurisdiction, Legislative process, Netherlands

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

Yesterday, the European Parliament adopted a resolution by which it urges EU Member States to combat tax fraud and evasion. The resolution was adopted by a large majority, 538 votes in favour to 73 against. What could make this tax-resolution of interest for copyrightholders and holders of other IPR’s is the suggestion that very popular…

Collective management, Exceptions and Limitations, France, Legislative process, Making available (right of), Reproduction (right of)

(Schulich School of Law )/ /1 Comment

Without much noise, France recently adopted Act Nr. 2012-287 of 1st March 2012 relating to the digital exploitation of unavailable books of the 20th century. Contrary to past initiatives from the French lawmaker, the Act does not relate to orphan works, but rather to out-of-commerce works. Or, more precisely: books. According to the explanatory memorandum…

Enforcement, France, Jurisdiction, Legislative process

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

In this period of French presidential campaign, the HADOPI law has become a popular and recurrent topic. Most of the candidates have expressed an opinion (more or less constant) on the future of the law (whether to amend it, replace it, abrogate it or keep it as it is). This blog is certainly not the…

Collective management, European Union, Legislative process, Making available (right of), Ownership, Reproduction (right of)

(Schulich School of Law )/ /Leave a comment

The Proposal for a Directive on certain permitted uses of orphan works, introduced in the European Parliament on 24 May 2011, has been following its merry way through the legislative meanders ever since. The debates around the text of the proposal are heating up right now, for the European Commission pushes for rapid adoption while…

Enforcement, European Union, Jurisdiction, Legislative process

(University of Cyprus)/ /Leave a comment

What would be the ingredients of a magic formula for better IPR enforcement on the Internet? Has the time come for a horizontal harmonization for notifying and acting on illegal on line content? In a period where the ratification of ACTA is ranked highly in the political agenda of European governments, the European Commission is…