The decisions of the BGH (German Federal Court of Justice) in “YouTube II”, “uploaded II” and “uploaded III” have changed things, at least for hosting providers, in one key aspect: hosting providers can now be (indirectly) liable for the copyright infringements committed by their users, if those hosting providers violate duties of care. This post…
Introduction: Brazilian Copyright Framework and the existing L&Es Brazil has signed most Intellectual Property (IP) law Treaties, but notably it has not adhered to the WIPO Copyright or the WIPO Phonogram and Performance Treaties. The main national legal instrument for copyright is the Brazilian Copyright Law (Law n. 9.610/98), which is complemented by the software…
Because such relief was not specified in the Act, a demand for such relief required service of an amended complaint upon a defaulting defendant. A plaintiff who prevailed in a copyright infringement lawsuit against a defaulting defendant was required to serve an amended complaint upon that defendant if the amended complaint newly sought to hold…
This contribution was posted first on 17 January 2023 on The Digital Constitutionalist under the title: Safeguarding the Constitutional Role of Media as Fourth Estate of Democracy: Copyright as a Regulatory Framework for Freedom of Expression and Access to Information Online. In September 2022, the European Commission published its draft European Media Freedom Act…
Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. It…
In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…
Welcome to the fourth (and last) trimester of the 2022 round up of EU copyright law (even though slightly overdue)! While in the last three months of 2022 the CJEU was relatively quiet, the various EU policymakers have been very productive. In this series, we update readers every three months on developments in EU copyright…
Time and again, authors use their copyright to prevent press publications they do not like. Such use of copyright to suppress press reporting interferes with the fundamental right of communication, which not only serves individual expression but also safeguards the existence of a democratic society. In light of fundamental rights, copyright law cannot allow the…
As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with ongoing European copyright reform, a number…
According to French law, to fall under the parody exception, the second work must evoke the pre-existing work and present significant differences from it so there is no possible confusion with the parodied work, as well as constitute a manifestation of humour and mockery. If the second work does not satisfy these conditions, and does…
