The not-so-optional parody exception
…copyright law when interpreted in light of the Charter. The restrictive approach of providing for a parody defense only for Article 17-related activities, which was followed by Italy (see Article…
Search Results for: article 17
CDSM Directive, CJEU, Digital Single Market, European Union, Germany, Legislative process, Liability
Implications from C-401/19 for national transpositions in the light of freedom of expression
…ante safeguards against rampant blocking under Article 17(4) CDSMD. This fact, together with the obligation for Member States, when transposing Article 17 CDSMD, to strike a fair balance between the…
CDSM Directive, Conference, Digital Single Market, European Union, Germany, Infringement, Jurisdiction, Liability
The Impact of the German Implementation of Art. 17 CDSM Directive on Selected Online Platforms
COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article…
Egypt’s National Strategy for Intellectual Property – What Impact on Copyright?
…of the Egyptian National Authority for Intellectual Property. Its establishment is in line with Article 69 of the 2014 post-revolution Egyptian Constitution which foresees the creation of a competent State…
Limitations to parties’ choice of law in copyright exploitation contracts in the digital era (Part 2)
…here and here). In addition, it is worth reminding that Article 17(2) of the Charter of Fundamental Rights of the EU expressly sets forth that IP rights are protected, thus…
Limitations to parties’ choice of law in copyright exploitation contracts in the digital era (Part 1)
…the contracting parties, through a choice of law clause (Article 3(1) Rome I Regulation). The choice must be express and/or clearly deducible from the contract’s terms or circumstances (Article 3(2)…
CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Remuneration (equitable)
The concept of “publisher” and Article 16 DSM Directive– using the example of stock image agencies
…why Article 5(2)(a) and Article 5(2)(b) EU InfoSoc Directive 2001/29 (“InfoSoc Directive”) stipulate that the author receives fair compensation. The purpose of Article 16 DSM Directive is to ensure that…
Creative Commons and NFTs – is CC licensing compatible with the new technologies?
Photo by Markus Winkler On 9 September 2022, Creative Commons issued their new FAQs on NFTs. This article provides a brief overview of the use of Creative Commons licensing in…
Data Portability Rights versus IP – Part II
…port their data to that provider. Targeted gatekeepers would also have to offer free tools to provide access to that data (articles 6(6) and 6(9)). At first sight, the wording…
Data Portability Rights versus IP – Part I
…for IP? Leaning on the findings from two freely available research articles on portability in recent consumer protection law and on the Data Act proposal, this two-post contribution offers an…