“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting…
"This would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make."
In its…
The KluwerCopyrightBlog is part of Kluwer’s IP Kluwer IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of…
Important ruling by Dutch Supreme Court on cable retransmission, film copyright and collective management of rights
Guest blog by Prof. Dr D.J.G. Visser, Institute for Private Law, Leiden University…
“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of blocking…
The KluwerCopyrightBlog is part of Kluwer’s IP Kluwer IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of…
This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 - ACI Adam and Others, delivered on 9 January 2014 (not available in English).
In this case,…
“According to Art. 13 of the German Copyright Act (“CA”) the author has the right to be identified as the author of the work. He may determine whether the work shall bear a designation of authorship…
“In other words, the initial communication by the copyright holder already encompassed the potential public that subsequently accessed the content via the links”
The long-awaited judgment of the…