Exceptions and Limitations

221 articles available

 Back in December last year, we reported –on this blog– on the legal vacuum left in the wake of the Spanish Supreme Court’s judgment declaring the system for financing private copying null and void…

A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that EU law, particularly Article 5(2)(b) of Directive…

A full summary of this case has been published on Kluwer IP Law The Supreme Court provided guidance on how to assess whether a work should be considered to be an adaptation, within the meaning of…

The “Filmspeler” ruling is the last stone in the CJEU’s complex construction on the application of the concept of communication to the public in hyperlinking. Starting with the seminal Svensson case…

A full report of this case has been published on Kluwer IP Law The Supreme Court of Estonia analysed the conditions under which the public performance of works at a school concert falls within the…

Last week we published the first part of a two-part article summarising the essence of the presentations at the annual IP conference organised by the University of Geneva on February 22, 2017 …

 In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions would…

1. Introduction As reported previously on the Kluwer Copyright Blog, on 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 (Microsoft Mobile Sales…

  The Estonian court recently examined the conditions under which the public performance of works at a school concert falls within the free use exception. The Estonian Authors’ Society (an authors’…