EU copyright law round up – first trimester of 2023
…is yet another preliminary reference on the private copying exception in Article 5(2)(b) InfoSoc Directive coming from the Austrian courts. For the a comment on the most recent Court judgment…
…is yet another preliminary reference on the private copying exception in Article 5(2)(b) InfoSoc Directive coming from the Austrian courts. For the a comment on the most recent Court judgment…
…From a copyright perspective, three aspects deserve highlighting: first, the proposed changes to Articles 17 of the Design Directive and 96(2) of the Design Regulation, aimed at adjusting the principle…
…Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), resulting in the place where the cultural heritage institution having the cultural good in…
…Rights (CRF), this is the balance between intellectual property (Article 17(2)) and freedom of expression and information (Article 11). In short, the EU-style fair balance doctrine officially becomes part of…
…(article 1(2) OWD). The cultural heritage institutions that want to use this system must conduct a diligent search for the rightholders (article 3 OWD). The lack of concluding results leads…
…States meeting this deadline. In addition, an action for annulment under Art. 263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM…
Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the…
…by ISSPs, clearly inspired by the Italian implementation (see, Caterina Sganga and Magali Contardi, The new Italian press publisher’s right: creative, fairness-oriented… and invalid? (2022), 17 (5) JIPLP 421). More…
…create various forms of bias in research results. Many language training models, for example, limit their training data to Wikipedia articles. But English language articles dominate Wikipedia pages and many…
…regarding injunctions for copyright infringement. Specifically, can an Austrian court prohibit the communication to the public in territories outside Austria? For the AG this question on the interpretation of Article…