…of RTL is based on Article 187 of the Portuguese Copyright and Related Rights Act which introduced in favor of television channels the right to authorise or prohibit the retransmission…
…Coming soon and latest referrals 2022 promises to be another year full of copyright developments. Most controversially, the CJEU judgment in the Polish challenge to Article 17 of the CDSM…
…as they conflict with the fundamental freedom of information enshrined in Article 11 of the Charter and Article 10 of the ECHR. First, limiting the reach of the VSE carve-out…
…to a number of uses, namely private and non-commercial uses by individual users (Article 15(1)(ii)), acts of hyperlinking (Article 15(1)(iii)), uses of individual words and very short extracts (Article 15(1)(iv)),…
…Article 70 of the Italian Copyright Act (l.aut.).[1] While the outcome was foreseeable and great part of its reasoning may be embraced without criticism, the core arguments of the decision…
…of their lifetime and 70 additional years. According to article 17(2) of the EU Fundamental Rights Charter, the property right conferred by copyright law is a creator’s fundamental right. However,…
…be a major disappointment. Instead of reviewing the Database Directive, the proposal for the Data Act contains a single article (Article 35) that clarifies that the sui generis database right…
…afforded for implementation. Article 17 of the DSM Directive does not provide for “presumably permitted” uses. For content to be deemed presumably permitted, it must meet several requirements cumulatively. First,…
…one of the Mail articles said, the purpose of the article was to “reveal for the first time” the “full content of a sensational letter written by [Ms Markle].” Reporting…
…around 17 ‘laws’. Some of the rules are constitutive; some regulatory (defining, for example, what happens if the rules are breached). Do these rules “leave no room for creative freedom…
