Parody

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Infringement, Legislative process, Liability

(Lund University)/ /Leave a comment

Part I of this blogpost discussed the first paragraph of Article 17(7) DSM Directive, according to which the cooperation between online content sharing service providers (OCSSPs) and rightholders cannot render unavailable uploaded content which does not infringe copyright or neighbouring rights. Part II addresses the second paragraph of Article 17(7) which is instead addressed at…

Enforcement, European Union, Exceptions and Limitations, Infringement, Legislative process, Liability

(University of Liverpool) and (University of Cambridge)/ /Leave a comment

The European Parliament has just approved the new text of the copyright directive, which will now go to the Council for a final vote on April 15th, 2019. This legislation not only modifies the copyright framework as set out in the Information Society Directive (Directive 2001/29/EC) but it will also modify the liability regime as…

Case Law, CJEU, Exceptions and Limitations, Germany, Infringement

(NORDEMANN) and (University of Frankfurt)/ /Leave a comment

Decision of the German Bundesgerichtshof of July 28, 2016, file no. I ZR 9/15: “Auf fett getrimmt” (“trimmed to the fat”). In accordance with the CJEU decision in Deckmyn v. Vrijheidsfonds/Vandersteen (C-201/13), the Bundesgerichtshof (“BGH”) as Germany’s highest civil court supported a broad interpretation of the term “parody” in its recent decision “Auf fett getrimmt”,…

Belgium, Case Law, European Union, Exceptions and Limitations, Infringement, Jurisdiction

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

Judgment CJEU, 3 September 2014, Deckmyn and Vrijheidsfonds (C-201/13). Request for a preliminary ruling from the Hof van Beroep te Brussel (Belgium). Belgian copyright law provides that “once a work has been lawfully published, its author may not prohibit caricature, parody and pastiche, observing fair practices”. This provision, which existed before the adoption of the…