In Safarov v. Azerbaijan (Appl. no. 885/12) the European Court of Human Rights (ECtHR) finds that the defendant State violated Article 1 of Protocol No.1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In its judgment of 1 September 2022, the Court determines that Azerbaijan failed to enforce copyright…
This blog post is a scene-setter for the GFF/COMMUNIA conference “Filtered Futures – Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive” taking place in Berlin on September 19, 2022. A live stream of the conference will be available here. In three sessions, contributors will be examining…
The thorny issue of internet intermediary liability seems to continue preoccupying EU policymakers. While internet intermediaries act as gatekeepers of content that is transmitted online, their services seem to attract a high number of copyright infringements. Effective and prompt solutions to combat online piracy are more than urgent. This blogpost provides a critical reflection on…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Copyright…
In the context of the reCreating Europe project a recent interdisciplinary report was published on Copyright Content Moderation in the EU. The report addresses the following main research question: how can we map the impact on access to culture in the Digital Single Market (DSM) of content moderation of copyright-protected content on online platforms? This…
The photographer’s mere showing of removal of embedded copyright management information (CMI) in hotel photographs is insufficient to meet the scienter requirement. The federal appeals court in Atlanta, Georgia has refused to reinstate a case brought by a photographer claiming a violation of the Digital Millennium Copyright Act (DMCA) against a hotel intermediary that provided…
As previously reported, between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK…
The court of appeals reverses the district court for the second time in a case that has been pending since 2014. A Vietnamese company that makes accessible within the United States a website and a downloadable app that enable the exchange of unlicensed music files can be sued in a California federal court, the U.S….
The digital codes were created for functional purposes and were put together under purely mechanical rules. The digital codes sent by a pyrotechnics control system were not entitled to protection under the Copyright Act because they were no more than “an inevitable system dictated by the logic” of the setup, the U.S. Court of Appeals…
The Council of the EU has recently adopted conclusions on research assessment and implementation of open science (the ‘conclusions’). Adopted in June 2022, the three areas covered by the conclusions are: (I) Reform of research assessment systems in Europe; (II) European approach and capacities for academic publishing and scholarly communication; and (III) Development of multilingualism…
