And the private copy war continues: news from the Dutch front!
…the scope of article 16c of the Dutch Copyright Act (District Court of Haarlem and Court of Appeal of The Hague), but the act of facilitating unauthorized file sharing of…
Search Results for: article 17
Opinion of the Advocate General of the ECJ in the Painer case (2): the notion of originality in photographs
…afforded copyright protection. To this end, she interprets the harmonized notion of originality in photographs of Article 6 of the Term Directive. Pursuant to this provision, a photograph is original…
Opinion of the Advocate General of the ECJ in the Painer case (1): applicable exceptions and limitations
…for its production and whether the publication of the portrait photos falls within the ambit of the exception or limitation to the reproduction right for quotations (Article 5(3)(d) of the…
Football Dataco Ltd v. Sportradar, Court of Appeal Civil Division (Court of Appeal Civil Division), 29 March 2011
…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…
Database rights and the place of re-utilisation
…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,…
Discussions around a new online intermediary liability regime
…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…
Landeshauptmann mit Kind, Supreme Court (Oberster Gerichtshof), 15 December 2010
…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…
Collective management, Exceptions and Limitations, Legislative process, Remuneration (equitable), Reproduction (right of), Spain
Copyright Levies’ War Rages in Spain
…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…
Protection of GUIs (Graphical User Interfaces): some comments about the ECJ ‘s preliminary ruling in BSA v. Ministervo Kultury.
…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…
Right of Information, High Court in Prague (Vrchní soud v Praze), 20 April 2010
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…