Top 3 Posts of the Autumn from our IP Law Blogs
…and academic commentators about the nature and purpose of Article 17. Part 1 of this blog post puts rightsholders’ claims that Article 17 is a “clarification” of the existing right…
Search Results for: article 17
Looking for the edge of Article 3 InfoSoc Directive and finding it twice – in a car and in the court
…Court reiterated that Article 17(2) must be weighed against other fundamental rights, such as the right to an effective remedy [and fair trial] guaranteed in Article 47 of the Charter….
Further developments on Italian enforcement against illicit distribution of sport events
…Article 156 of the Italian Copyright Law, implementing Article 8(3) of Directive 29/2001/CE, have been issued against a new range of intermediaries, as compared to previous orders mainly against carriers…
CJEU hearing in the Polish challenge to Article 17: Not even the supporters of the provision agree on how it should work
…availability of specific works contained in Article 17(4)b and the requirement in Article 17(7) that any measures implemented by platforms must not lead to the prevention of the availability of…
Copyright law trapped in the web of hyperlinking: the AG’s Opinion in the VG Bild-Kunst case (Part II)
…Accordingly, the AG excludes technological protection measures against framing from the protection of Article 6 of the Directive 2001/29, by clearly distinguishing these measures from the access restrictions to which…
Copyright law trapped in the web of hyperlinking: the AG’s Opinion in the VG Bild-Kunst case (Part I)
…measures against embedded non-clickable links constitute effective protection measures within the meaning of Article 6 of Directive 2001/29. By doing so, the AG proposes a theory on copyright liability for…
Copyright case: Vient v. Highlands News-Sun, USA
…a “library” or “archive” within the meaning of this section. The author of two articles whose copyright infringement claims against a newspaper over the electronic reproduction of his articles in…
Case Law, CDSM Directive, Digital Single Market, France, Press Publishers ’ Right, Remuneration (equitable)
Press Publishers’ Right: the Court of Appeal of Paris upholds the Competition Authority’s order for Google to negotiate with the publishers
…to pay any remuneration to the press publishers and the news agencies on the grounds of the new neighbouring right set out in Article 15 of Directive (EU) 2019/790 on…
Copyright Levy on Storage Media goes Cloud?
…any [storage] medium” as laid down in Article 5 para 2 lit b) of that Directive is crucial. This is further supported by the CJEU’s case C-265/16, VCAST, where the…
Case Law, CDSM Directive, Communication (right of), Digital Single Market, European Union, Legislative process, Liability
Article 17: What is it really good for? Rewriting the history of the DSM Directive – Part 2
…Article 17 is merely a “clarification”, is explicitly excluded from the definition of OCSSPs, which does not apply to “online marketplaces”. If the purpose of Article 17 was merely to…