…of a Member State via portable devices (see Article 3); (ii) portable services are online audiovisual media services (linear and non-linear), whether paid or free (see Article 2), and online…
…Digital Millennium Copyright Act of 1998 (DMCA), 17 U.S.C. 512(c), provides a safe harbour for online intermediaries (such as video platforms like YouTube or Vimeo). Online intermediaries can, under certain…
…from rare in Dutch court proceedings. See for some examples the article by Bas Kist. The acceptance of copyright in slogans is filled with legal uncertainty. The Dutch Slogan Register…
…order to regulate the new system, and on the other, that the system was contrary to the provisions of Article 5.2(b) of Directive 2001/29/EC. As regards this second issue, the…
…private copying exception in Article 5(2)(b) of Directive 2001/29/EC (the ‘InfoSoc Directive’), and it was preceded by an Opinion of Advocate General Whal on 4 May 2016. In essence, the…
…to subsist in databases and (arguably) in literary, dramatic, musical and artistic works. This article considers the impact that the EU (and in particular the Infopaq decision of the CJEU)…
A full report of this case has been published on Kluwer IP Law. Article L.113-3 paragraphs 1 and 2 of the French Intellectual Property Code (‘IPC’) provides that a work…
…“blank tape levy” updated and that this constituted a breach of Article 5(2)b)) of the “Infosoc” Directive (2001/29/EU). As a result, in the period from 2010 until 2013 right holders…
…questions for referral: First, whether the term of protection referred to in Article 10, in conjunction with Article 13.1 of Directive 93/98, is applicable to designs that were initially protected…
…implemented Article 5 (3) lit k) Copyright Directive 2001/29, which contains the parody exception on the EU level. Rather, the German legislation has relied on the longstanding case law in…
