…protection under Article 10 § 1 of the Convention and, consequently, the applicants’ convictions interfered with their right to freedom of expression. Such interference breaches Article 10 unless it was…
…idea of author’s right (droit d’auteur) to which Dutch law otherwise subscribes, the Dutch Act protects ‘writings’ that do not meet the test of originality. Article 10 (1), first item,…
…Yet, only making available on site via terminals in the library seems to be covered by Article 5(3)(n), which leaves no space for the introduction at the national level of…
…to their articles. The underlying idea is that those who profit from the distribution of content should financially contribute to its creation. Predictably, Google did not find the proposal particularly…
…protected work amounts to ‘communication to the public’ within the meaning of Article 3(1) of the Information Society Directive. In a detailed, 17-page opinion the European Copyright Society argues that…
…infringers. On the grounds of article L.113-5 of the Intellectual Property Code, which provides that “A collective work shall be the property, unless proved otherwise, of the natural or legal…
The CJEU states that Article 15(6) of Directive 2010/13/EU on short news reports is compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union….
…paragraph of Article 6 maintained for a maximum of 12 months the annulled rates (i.e. until December 2012). The second paragraph of Article 6 validated payments and claims that had…
…newspapers or magazines. In its judgment of 5 February 2008 the Supreme Court (Court de Cassation) dismissed the applicants’ argumentation based on Article 10 of the Convention and on Article…
…merit or purpose” (article L.112-1), without giving a definition of originality. French case law has defined originality as the expression of the personality of the author. European case law validated…
