…and copyright as a type of intellectual property (Article 17(2) EU Charter). Since the Charter came into force in 2009, the Court of Justice of the European Union (CJEU) has…
…Mr. Beck, a German politician, wrote a contentious article which was published in a collection of articles after being subject to certain modifications by the publisher without the author’s consent….
On 12 September 2019, the CJEU held that according to article 2(a) of Directive 2001/29 (the InfoSoc Directive), Member States’ copyright laws can no longer protect models (in other words…
…This was because the 2015 reform of the Spanish Criminal Code had added a new paragraph to article 270 to include the situations whereby a website enables third parties to…
…a communication to the public (article 3 paragraph 1 InfoSoc Directive), whereas a simple link is not copyright relevant. The German court was of the view that a simple link…
…(Article 8 par. 1 of CDSM) or an exception (as in both the Orphan Works Directive and Article 8 par. 2 of CDSM)). Certainly, the assessment of the legitimacy and…
…the principle ineffective. Some of the most problematic conditions are contained in Article 22(2b) and Article 22(5). Article 22(2) suggests that Member States may make specific provisions relating to Paragraph…
…Exception (Article 5) by Bernd Justin Jütte The New Copyright Directive: Collective licensing as a way to strike a fair balance between creator and user interests in copyright legislation (Article…
…contractually rule out text and data mining in their terms of agreement. Article 7 expressly provides that any contractual provision contrary to Article 5 is unenforceable. Note as well that…
Chapter 3 of Title IV of the Directive encompasses a set of six articles specifically directed at authors and performers (henceforth ‘creators’). For many industry stakeholders, this set of articles…
