Case Law, CJEU, Communication (right of), European Union, Making available (right of), Netherlands, Technological measures

, (Institute for Information Law (IViR))/ /Leave a comment

Once again, the Court of Justice of the European Union (CJEU) will be asked to provide clarity on the concept of “communication to the public” as laid down in article 3 of the 2001 Copyright in the Information Society Directive (InfoSoc Directive). On 20 September 2024, the Dutch Supreme Court expressed its intention to refer…

Artificial Intelligence (AI), Exceptions and Limitations, Germany, Text and Data Mining (TDM)

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The German Regional Court (Landgericht) of Hamburg handed down its judgment in the LAION case on 27 September 2024 (file no. 310 O 227/23, published in German here).   The key points of the decision are as follows: The reproduction of works for the purpose of creating URL lists that can be used for artificial…

Austria, Belgium, Bulgaria, Digital Single Market, European Union, France, Germany, Netherlands, Remuneration (equitable)

(Institute for Information Law (IViR))/ /Leave a comment

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA).[1] ALLEA, therefore, welcomes the recognition in the laws of an increasing number of European countries of so-called ‘Secondary Publication Rights’ (SPRs) that allow publicly funded researchers to…

Austria, Case Law, Exceptions and Limitations, Infringement

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The Robber Hotzenplotz is the title of a book series for children, written by Ottfried Preußler. The figure of robber Hotzenplotz is characterized on the book cover by a huge black hat, a red band and a feather.   A political party incorporated the face of the Austrian city’s mayor into the drawing of robber…

Case Law, Germany

(Goethe University Frankfurt am Main) and (University College Dublin)/ /Leave a comment

On 11 September 2024, the German Federal Court of Justice (BGH) had to decide on the question of whether photos or videos shared online featuring in their background a photo wallpaper protected by copyright are lawful under an implied license, or if an express authorization of such reproductions is required. In three decisions of that…

CDSM Directive, Liability

(University of Leeds)/ /Leave a comment

Content creation on YouTube reportedly reached a new peak during the second half of 2023, meaning that the platform experienced a surge in infringing uploads on the one hand, and copyright actions by its users on the other. The platform’s automatic detection technologies have once more been put to the test, while compliance with the…

Authorship, European Union, Exceptions and Limitations, Legislative process, Ownership, USA

(Institute for Information Law (IViR))/ /Leave a comment

The Institute for Information Law (IViR) at the University of Amsterdam, in collaboration with Kluwer Law International, publisher of the Information Law Series, has launched an online archive of older book volumes published in the series. The Information Law Series, which was established in 1991, is the world’s first and foremost academic book series in…

Case Law, Design Rights, Italy, Originality

(Scuola Superiore Sant'Anna)/ /Leave a comment

  Earlier this year, the Italian Supreme Court (Corte di Cassazione) issued an order (Cass., ord. no.11413/2024) in a case concerning the protection by copyright of a lamp design. Part I of this post outlined the decisions issued as the case made its way through the Italian court system. Part II will now turn to the…

Case Law, Design Rights, Infringement, Italy

(Scuola Superiore Sant'Anna)/ /Leave a comment

  With an order (Cass., ord. no.11413/2024) that suprisingly triggered little attention, at the end of last April the Italian Supreme Court (Corte di Cassazione) proffered yet once more its original approach and reading of the principles inspiring the EU copyright harmonization – and particularly of those developed by the CJEU case law. This time,…

AG Opinion, Artificial Intelligence (AI), Case Law, CJEU, Digital Single Market, Round-up, Text and Data Mining (TDM)

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. In this edition, we update you on what has happened between July and September 2024 in EU copyright law – all the way from the CJEU, through Advocate General (AG) Opinions, to important…