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.

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…

European Union, Exceptions and Limitations, Legislative process

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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…

Case Law, Collective management, European Union, Exceptions and Limitations, Jurisdiction, Remuneration (equitable)

(Institute for Information Law (IViR))/ /1 Comment

“In essence, the disputes relate to the collecting societies’ intent to have intermediary suppliers pay levies on computers, printers and or plotters marketed in Germany. The suppliers, for their part, argued that some of the devices in question (namely printers and plotters) are incapable of autonomous copying.” On June 27, 2013, the CJEU delivered its…

Case Law, Denmark, European Union, Exceptions and Limitations, Infringement, Jurisdiction

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In a recent judgment, following the preliminary Infopaq-rulings of the European Court of Justice, the Danish Supreme Court ruled that extracts of newspaper articles comprising no more than 11 words can be works protected by copyright. The use of extracts that are the results of a process of data capture undertaken by the media analysis…

Enforcement, Exceptions and Limitations, Jurisdiction, Legislative process, Remuneration (equitable)

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“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…

Collective management, European Union, Exceptions and Limitations, Legislative process, Netherlands, Remuneration (equitable), Software

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“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…

Case Law, European Union, Exceptions and Limitations, Jurisdiction

(Monducci Perri Spedicato & Partners)/ /Leave a comment

The CJEU states that Article 15(6) of Directive 2010/13/EU on short news reports is compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union. On 22 January 2013 the Court of Justice of the European Union handed down a decision on the compatibility of Article 15(6) of Directive 2010/13/EU…

Case Law, Exceptions and Limitations, France, Remuneration (equitable)

(Institute for Information Law (IViR))/ /1 Comment

On 15 January 2013, the French Constitutional Council declared unconstitutional Article 6, paragraph II, of the law on private copying levy (Law No. 2011-1898). This provision retroactively validated private copying levies that had been paid or claimed based on rates annulled by the French Council of State. To fully understand the ruling of the Constitutional…

European Union, Exceptions and Limitations, France, Infringement, Jurisdiction

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ECtHR (5th section), 10 January 2013, case of Ashby Donald and others v. France, Appl. nr. 36769/08. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. “Although the European Court did not find a violation of Article 10 in the case of Ashby Donald and others v. France, the judgment in this case…

Exceptions and Limitations, Legislative process, Remuneration (equitable), Spain

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Breaking news. More than a year after Congress repealed the private copying levy, the Spanish Government agreed yesterday to begin paying taxes on blank media such as DVDs, CDs, pen drives and camera phones through a budget allotment. The Ministry of Culture would be in charged of determining each year how much should be allotted…