NL: Confusing slavish imitation of a painting style is not illegitimate.
…renders a specific artistic effect, or following the same style, that a work is imitated in the sense of article 13 Dutch Copyright Act. The Copyright Act does not give…
Search Results for: article 17
ECHR: Copyright vs. Freedom of Expression II (The Pirate Bay)
…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…
Goodbye, Geschriftenbescherming!
…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,…
Collective management, European Union, Exceptions and Limitations, Legislative process, Netherlands, Remuneration (equitable), Software
Can e-lending land itself a spot under the public lending right?
…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…
Google: “We made history in a very good way for the citizens of France.”
…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…
Case Law, Communication (right of), Digital Single Market, European Union, Making available (right of), Reproduction (right of), Sweden
European Copyright Society issues opinion on Svensson hyperlinking case
…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…
France: Presumption of ownership extended to neighbouring rights
…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…
Events of high interest: exclusive broadcasting rights and freedom of information
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….
France: Part of law on private copying levy is unconstitutional
…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…
ECHR: Copyright vs. freedom of expression
…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…