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.

Database right, European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of), Text and Data Mining (TDM)

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In the September 3rd edition of Science∣Business, Julia Reda, German Pirate Party member of the European Parliament (MEP) sitting on the EP Justice Committee, was said to be confident that a mandatory text and data mining (TDM) deal could be introduced for researchers. This should come as music to the ears of the members of…

Collective management, European Union, Exceptions and Limitations, Making available (right of), Netherlands, Private copying, Reproduction (right of)

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Since 2012 a multidisciplinary research group at the Institute for Information Law (IViR), University of Amsterdam has been conducting a large-scale empirical study of Alternative Compensation Systems (ACS). In simple terms, ACS are legal mechanisms that for a small monthly fee would authorize non-commercial online uses by individuals, including the downloading and sharing of protected…

Case Law, European Union, Exceptions and Limitations, Germany, Private copying, Reproduction (right of)

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /Leave a comment

On 16th April 2015 the German Federal Court of Justice (BGH) delivered its final judgment in a lengthy legal standoff, which began its journey through the judiciary in 2009. The judgment is not yet available but is discussed in a press release here.  Since that time libraries and publishing houses have fought with one another…

European Union, Exceptions and Limitations, Legislative process

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Back in April 2014, following the Council’s authorization, the EU signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (“Marrakesh Treaty”). Under the Treaty, parties are to adopt copyright exceptions to facilitate access to formats of works accessible to persons who are blind,…

European Union, Exceptions and Limitations, Legislative process

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Benjamin Gibert’s report for the Lisbon Council entitled ‘The 2015 Intellectual Property and Economic Growth Index: Measuring the Impact of Exceptions and Limitations in Copyright on Growth, Jobs and Prosperity’ raised eyebrows in The Netherlands. Not that the conclusion that ‘countries that employ a broadly “flexible” regime of exceptions in copyright also see higher rates…

Exceptions and Limitations, Legislative process, Making available (right of), Netherlands, Ownership, Transfer (of right)

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The Netherlands Organisation for Scientific Research (NWO), the main public funding agency in the country, has been enforcing already for a few years an Open Access (OA) policy for the dissemination of the results of the research that it finances (both publications and data). The NWO does not mandate a specific form of OA: Green…

Case Law, European Union, Exceptions and Limitations, Jurisdiction, Private copying, Reproduction (right of)

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“What the Court did not consider though, is that the outcome of the application of the 3-step test to the digitisation of each individual work for the purposes of making it available for research and private study purposes may conflict with the absolute prohibition of digitising the entire collection.” Judgment CJEU of 11 September 2014,…

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

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

Judgment CJEU, 3 September 2014, Deckmyn and Vrijheidsfonds (C-201/13). Request for a preliminary ruling from the Hof van Beroep te Brussel (Belgium). Belgian copyright law provides that “once a work has been lawfully published, its author may not prohibit caricature, parody and pastiche, observing fair practices”. This provision, which existed before the adoption of the…

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…