Ranks aftermath, or TomKabinet reference versus reality
…yet published in the Official Journal). Article 10 of the Directive provides that a consumer should be entitled to remedies for lack of conformity of digital content if restrictions on…
Search Results for: article 17
Can Machines be Authors?
…of my forthcoming article, the key points of which are discussed in this post. Both art in its myriad forms and quality journalism have had and, in my view, should…
How to Implement Article 17 DSMD? Have Your Say!
…with Article 17 (ex-13) of the Copyright in the Digital Single Market Directive (DSMD), as it is arguably the most complex provision of all. We fund this debate from our…
Member States can no longer require a higher level of originality for works of applied art/designs, says AG Szpunar in Cofemel
…were mainly based on article 96(2) of the Design Regulation (No. 6/2002) and the corresponding article (art. 17) in the Design Directive (98/71), which states that: “A design protected by…
Case Law, CJEU, Distribution (right of), European Union, Exhaustion, Netherlands, Reproduction (right of)
Waiting for Tom Kabinet, a.k.a why EU copyright needs digital exhaustion, and how the CJEU can help with this – Part 2
…– achieved through a greater availability and affordability of protected works in secondary markets – and the respect of fundamental rights such as property (Article 17 CFREU) and privacy (Article…
Waiting for Tom Kabinet, a.k.a. why EU copyright needs digital exhaustion, and how the CJEU can help with this – Part 1
…lawful use of the copy (Article 2 InfoSoc); and (iii) whether Article 5 InfoSoc would in any case authorize acts of reproduction of a lawfully obtained copy on which the…
Top 3 posts so far this year from our IP Law Blogs
…published a short report on the usage of SciHub, a piratical scholarly journal article distribution service. Set up by Alexandra Elbakyan, a kazakhstani scientist, SciHub allows users to bypass journal…
Enforcement, European Union, Exceptions and Limitations, Infringement, Legislative process, Liability
Automated anti-piracy systems: A call for further evidence-based policies
…13 of the Proposed new Copyright Directive (COM(2016)0593 – C8-0383/2016 – 2016/0280(COD), now article 17 of the final text, renders the content-sharing platforms liable for the content uploaded by their…
Puls 4 v YouTube in Austria does not anticipate Article 17
…the much-discussed Article 17 (formerly known as Article 13) of the Copyright Directive. The petition requested aimed to prevent YouTube from making available videos containing films or motion pictures, or…
Case Law, CJEU, Distribution (right of), European Union, Exceptions and Limitations, Exhaustion, Netherlands, Reproduction (right of)
Before the CJEU soon: the question of digital exhaustion
…the rightholder or with his consent (Article 4(2) InfoSoc Directive). This rule has mostly been of straightforward application to physical copies of works, but can it be applied to digital…