…from providing a document delivery service (scanning and sending journal articles by email to the users). The Supreme Court reversed this ruling, in its decision of 28 November 2014 ,…
…to understand these rules in a system where courts apply national provisions to almost any international situation (in particular in application of Article 5(2) of the Berne Convention: see my…
…its news service to media outlets. As a consequence of the measure, links to all Spanish media articles will be removed from the service globally. The head of Google News,…
…provided by the general principles of contract law (6). As a general rule, no formalities are required for a contract to be valid. However by virtue of Article 52 of…
…remuneration, Sec. 41(3) Copyright Law is applicable: in case of a dispute, the amount of remuneration shall be determined pursuant to the discretion of the court. Under Article 5 of…
…by Decree-Law of 30 December 2012, to do away with compensatory remuneration for private copying as provided under Article 25 of the Spanish Copyright Act, and to replace it, surprisingly,…
…being that the EU competence on the matter was exclusive. The Commission did not claim exclusive competence under Articles 3(1)(e) and 207 of the Treaty on the Functioning of the…
…frame the video was, without his consent, made publicly available within the meaning of Article 19a German Copyright Act (Art 3(1) InfoSoc-Directive) and filed proceedings before the district court of…
…from the library’s collection for the purpose of exercising the limitation under Article 5(3)(n) of the Directive. By construing Article 5(3)(n) in conjunction with Article 5(2)(c) of the Directive the…
…website, several articles of this journalist. Sophia Publications had also assigned the right to publish certain of these articles to the Brazilian magazine Historia Viva. The Supreme Court upheld the…
