“Those who take a train have to accept the risk of being identified abstractly in the crowd of passengers, as this is simply part of the ‘risks of the life’.” The Italian Supreme Court rules that, according to Article 97 of the Italian Copyright Act, the public displaying of the portrait of a person is not…
The Swiss working group on Copyright (AGUR12) released his report on December 2013 related to management of rights at the digital age. This should lead to a legal basis for a notice and takedown procedure and thus reduce the supply of illegal content, while downloading from illegal sources should remain legal. The original mandate goes…
Although the actual founding of the Institute for Information Law is shrouded in myth and mystery, in 2014 it will be 25 years ago that IViR was officially established as a research centre at the University of Amsterdam. IViR’s 25th birthday will be celebrated next year in Amsterdam from 2 to 4 July, with a…
It doesn’t happen every day that copyright law and its daily application receive such an overwhelming media coverage. Germany’s biggest news portals, the public service broadcasters and major newspapers all reported about a case that appears to be a routine job for a copyright lawyer. In the last two weeks a wave of cease and…
“The first question (territoriality) and the last question (single EU copyright title) could be considered as the alpha and the omega of the questionnaire and they are interlinked in various ways.” A public consultation on the review of EU copyright rules was launched by the European Commission a few days ago . The consultation refers…
By Valentina Moscon, Scholarship holder at the Max Planck Institute & University of Trento The Italian Parliament recently approved a new law concerning the valorization of culture (Law of October 7, 2013, n. 112, G.U. n. 236, 8.10.2013). The law includes, in section 4, a regulation for Open Access (OA) to scientific publications. With this new…
“For the ECJ, in the meaning of Article 5(3) of the Regulation 44/2001, a harmful event may arise from the possibility of obtaining a reproduction of a work from an internet site accessible within the jurisdiction of the court seised.” In its judgement Pinckney v. KDG Mediatech AG of 3 October 2013 (case C-170/12), the…
On December 8th, The John Adams Institute is partnering with Google and Wolters Kluwer on a sure to be insightful and meaningful International Copyright event: A Discussion about Copyright James Boyle & Paul Goldstein, with Bernt Hugenholtz Does copyright protect and encourage creativity? Can you own an idea? Does the concept of copyright slow down…
“The results are just about as astonishing as the number of people who participated.” In our first Kluwer Blog Poll, we asked for your reaction to the two following statements regarding the implementation of Directive 2012/28/EC on certain permitted uses of orphan works: 1) whether the Directive would significantly facilitate the mass-digitization efforts of cultural…
In February this year, the Czech Supreme Court ruled that a mere posting of an embedded link that links to copyright-protected material, must be regarded as a communication to the public and therewith as a direct copyright infringement. The Court was either unaware of pending cases in Luxembourg, or too impatient to wait for the…
