…standard of subsistence in a database under Article 3(1) which must go beyond ‘mere data’ to involve some ‘creative skill’. Concerning the sui generis right, the Court of Appeal referred…
…in the UK. In order to answer the question whether and (perhaps even more grippingly) where re-utilisation of the database contents had taken place (Article 7(2)(b) Database Directive), the Judge,…
…publishers. A specific liability regime would apply to this new category: stricter than the one applicable to hosting providers and softer than the one applicable to publishers. According to Article…
…child’s right to protection of its portrait. According to the Austrian Supreme Court, commercial advertisements also fall under the regime of Article 10 ECHR. The protection of a person’s portrait…
…uses other than private copying, is incompatible with the Article 5(2)(b) of the the InfoSoc Directive. Despite having clarified the scope of Article 5(2)(b) InfoSoc, the CJEU judgment raised important…
…was asked whether television broadcasting of a GUI “constitutes communication to the public of a work protected by copyright within the meaning of Article 3(1) of Directive 2001/29”. The ECJ…
The defendant, the so-called “cooperative of CD co-owners”, abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act, while he…
…when applied to the facts of the case. Article 2, §3 of the Directive 91/250/EEC (now 2009/24/EC) on the legal protection of computer programs provides that where a computer program…
…owners as a pre-requisite to copyright protection. This is a formality in disguise, which is contrary to Article 5(2) of the Berne Convention. That the German Copyright Act or the…
…no need for such a right. The press publishers derive (mostly exclusive) exploitation rights in the articles from the journalists. This leads to a solid legal position that is nearly…
