…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…
…user. This conclusion cannot be regarded as an incorrect interpretation of the systematics of the remuneration system of article 15g DCA in conjuction with article 15c DCA. In that regard,…
…condition that the rightholders receive fair compensation (my emphasis); Article 5 (3) b) states that Member States may provide for exceptions or limitations to the rights provided for in Articles…
…demand has been article 64A of Law 2121/1993 which implemented article 8 par. 3 of the Information Society Directive. According to article 64A, “Rightholders may apply for an injunction against…
…the claimant filed a criminal complaint with the public prosecution office. In 2007, before the right to information was amended in Article 101 of the German Copyright Act, right holders…
…accepts the general conditions imposed by the database owner. According to Article 49(1) of the Estonian Copyright Act though, an author’s contract shall be entered into in writing. The grant…
…communicating protected recordings to the public in violation of Article L. 335-4 of the Intellectual Property Code, but also on the grounds of Article L. 335-2-1 of the same code,…
…of Article 7 of the Directive 96/9, if there is evidence that the alleged infringer intended to target members of the public in that territory. The Court of Appeal of…
…republication of headlines and the introductory sentences of articles by aggregators and search engines. Under the proposal, which would protect content for one year, news publishers would be able to…
…for the recognition of the existence or exercise of copyright protection would be contrary to article 5(2) of the Berne Convention. Moreover, the registration of a work at the Dutch…
