Exceptions and Limitations

Exceptions and Limitations to copyright are provisions which allow for works protected by copyright to be used in specific situations without a licence from the copyright owner. There are numerous limitations and exceptions found in copyright legislation including, for example, the fair use exception, exceptions for libraries, archives and educational institutions, and the back-up copy exception.

Case Law, Collective management, Estonia, Exceptions and Limitations, Infringement, Remedies

(Palladium Attorneys at Law)/ /Leave a comment

The Estonian court recently examined the conditions under which the public performance of works at a school concert falls within the free use exception. The Estonian Authors’ Society (an authors’ collecting society) filed a claim against the City of Tartu (through the City Government of Tartu), which administers Miina Härma Gymnasium and had organised a…

Case Law, Exceptions and Limitations, Fair Use, Infringement, Russia

(Lidings)/ /Leave a comment

In mid-February, the Russian Intellectual Property Court issued an interesting decision, in which it indicated when filmmakers have to obtain a copyright owner’s consent for use of a movie prop. Under the auspices of the case, Pan Press Publisher filed a lawsuit against Ren-TV TV Channel and AN-film Production Company claiming that its book cover…

Case Law, CJEU, Exceptions and Limitations, Infringement, Serbia

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

In the past few months, the press exception has been at the centre of attention in court proceedings in Serbia. The Appeal Court has concluded that a photograph, protected by copyright, taken a few minutes after a car accident where seven people were injured was an integral part of the current event about which the…

Colombia, Exceptions and Limitations, Legislative process

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

From August 8th to September 22nd 2016, the Colombian Ministry of Commerce made a public call for comments on a draft reform of the current copyright legislation. A key change that this proposal could have included was conspicuous by its absence: the parody exception. Colombian civil society has advocated for a change to this. The…

Case Law, CJEU, Exceptions and Limitations, Legislative process, Private copying, Spain

(Elzaburu)/ /Leave a comment

A full report of this case has been published on Kluwer IP Law. The Spanish Supreme Court annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law.  The system that had been in place until…

Case Law, Enforcement, Exceptions and Limitations, Infringement, USA

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

The American Vimeo case, decided on June 16, 2016, broadens the exemption for internet service providers (ISPs) in cases of copyright infringement by platform users. Meanwhile, the European Union seeks a narrower approach to excluding ISPs from liability. How do the two approaches differ? The Vimeo case The Vimeo case concerned a collective claim by…

Case Law, CJEU, European Union, Exceptions and Limitations, Legislative process, Private copying, Reimbursement, Remuneration (equitable), Spain

(Elzaburu)/ /Leave a comment

The Spanish Supreme Court has annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law. The system that had been in place up until now was analysed by the CJEU through a number of questions…

Case Law, CJEU, European Union, Exceptions and Limitations, Italy, Private copying, Remuneration (equitable)

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

Background, Facts, and Questions On 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 – Microsoft Mobile Sales International and others. (The case was formerly known as Nokia Italia and Others before Nokia Italia SpA changed its name to Microsoft Mobile Sales International Oy.) This is yet…

Case Law, Estonia, Exceptions and Limitations, Private copying, Remuneration (equitable)

(Palladium Attorneys at Law)/ /Leave a comment

A full report of this case has been published on Kluwer IP Law. In this landmark case, the Estonian Supreme Court analysed in detail the legal issues relating to equitable remuneration for the private copying exemption, concentrating on the legality of the regulation on the “blank tape levy” which was established in 2006, and had…

Case Law, CJEU, European Union, Exceptions and Limitations, Netherlands, Remuneration (equitable)

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

Yes, e-lending can land itself a spot under the public lending right. That is what the European Court of Justice held in its preliminary ruling in the case between Vereniging Openbare Bibliotheken v. Stichting Leenrecht (10 November 2016, case C‑174/15). The decision clarifies the Rental and Lending Rights Directive’s scope of application. It is an…