Exceptions and Limitations

223 articles available

  Image by Perlenmuschel via Pixabay This post is a summary of an editorial forthcoming in IIC – International Review of Intellectual Property and Competition Law. A pre-print is available for free…

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private…

© Simon Geiregat 2022 Data portability rights are hot in EU legislation. Although these rights are doomed to create conflicts with copyright, neighbouring rights and the sui generis right in…

 This blog post is a scene-setter for the GFF/COMMUNIA conference “Filtered Futures – Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive”…

Photo by Kevin Ku on Unsplash As previously reported, between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial…

  Photo by PJ Gal-Szabo on Unsplash Introduction The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del…

  Photo by CardMapr on Unsplash The Austrian Supreme Court held that YouTube – as a host service provider - was not responsible for copyright infringements by its users as long as it was not put on…

  Image by Ag Ku via Pixabay The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in…

  "Warhol Print" (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2d Cir. 2021) (available here); "Warhol Print" also available here   "Goldsmith…