The UsedSoft case – exhaustion online
…copy as ‘lawful acquirer’ under Article 5(1) and the first half-sentence of Article 4(2) of directive 2009/24 also rely on exhaustion of the right to distribute the copy of the…
Search Results for: article 17
Collective management, Exceptions and Limitations, France, Legislative process, Making available (right of), Reproduction (right of)
France solves its XXe century book problem!
…request the end of this gratuitous authorization. Article 2 of the final version of the Act addresses the issue of orphan works by defining a work as orphan when it…
The Donner case: when EU law meets copyright law
…4 (1) of the Information Society Directive fully harmonizes EU distribution rights, “Article 36 TFEU cannot be invoked unless distribution has occurred as defined by said Article 4 (1).” This…
Dutch University Blocks BitTorrent Pre-Emptively Breaking New Net Neutrality Law
…internet for the Netherlands. The proposals include a net neutrality provision (Articles 7.4a and VIb of the draft amendment), an anti-wiretapping provision (Article 11.2a of the draft amendment) and an…
HADOPI hits once again the headlines
…can asked to be heard (Articles R.331-40 and R.331-41 of the French Intellectual Property Code). Some commentators consider that only defendants could, during their hearing before the Committee for the…
Football Dataco: skill and labour is dead!
…copyright claim. Nevertheless, the Court of Appeal had doubts about certain issues in this respect and asked four questions to the CJEU namely: “1. In Article 3(1) of Directive 96/9…
CJEU: the Luksan case and the protection of film directors
…This article provides for a presumption of assignment of rights in favour of the film producer. The CJEU acknowledged that the application of this article would allow a “national legislation…
SABAM v. Netlog (CJEU C 360/10) … as expected!
…article 12 of the E-Commerce Directive 2000/31/EC. On the other hand, as stated in §27 of the commented decision, Netlog is a hosting service within the meaning of article 14…
Infopaq II – The CJEU elucidates some aspects of the exemption for certain acts of temporary reproduction
…acts of reproduction of newspaper articles. This was done using an automated process, consisting in the scanning of those articles and their conversion into a digital file, followed by electronic…
Is secrecy the new black in IP?
…the Union regarding transparency, including: granting access to documents (Article 15 paragraph 3 TFEU); facilitating public discussion of Union’s actions (Article 11 paragraph 1 TEU); maintaining a transparent dialogue with…