Recently added copyright cases
…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…
Search Results for: article 17
The concept of parody and the legitimate interests of parodists and copyright holders
…of parody. In substance, the questions asked to the CJEU can be summarized as follows: are the Belgian parody exception and the corresponding case-law compliant with article 5 paragraph 3,…
Case Law, Collective management, Communication (right of), European Union, Jurisdiction, Legislative process
CJEU in OSA: a victory for right holders against free use and of CMOs against the European Commission?
…of digital and online facilities would have made the decision more solid. The Court then concludes that „Article 56 TFEU must be interpreted as not precluding such legislation“ (point 79)….
France: new legislation on damages for copyright infringement
…(‘IPC’) with regard to damages and remedies. Calculation of the damages Article L.331-1-3 paragraph 1 IPC now states that the courts must, in order to assess the damages in copyright…
A bill to amend the Spanish IP Law
…for universities and public research centers to use publications (a book chapter, an article, or an equivalent extension) in exchange for a remuneration paid to the rightholders (this remuneration is…
The TTIP-gate: a tale of access to documents, secrecy and EU powers
…a document where disclosure would undermine the protection of the public interest as regards international relations (article 4/1 (a) of the Regulation). So, for example, documents conveying negotiating strategies could…
Recently added copyright cases
…the right to property (stated in Articles 2 and 17 of the Declaration of Human and Civic Rights of 1789) if it is justified by reasons of public interest and…
Italy: the take-down notice must contain the specific YouTube URLs
…Directive (i.e. Articles 16 and 17 of the Legislative Decree No. 70/2003), the hosting provider: (i) is not liable for the information stored at the request of a user of…
No more downloading from unlawful sources?
…interfaces between limitations and the application of TPMs; and recitals 22, 31, 32, 35, 38 and 44, which supplement the interpretation of the above articles. When interpreting these provisions and…
Collective management, Exceptions and Limitations, Fair Use, France, Infringement, Jurisdiction, Legislative process, Remuneration (equitable)
Thumbnails: French proposal for payment of royalties by search engines
…more precise way, the French Supreme Court, in a judgement of 12 July 2012 (No. 11-15165), applied to Google Images the liability limitation system set out in Article 6-I-2 of…