Exceptions and Limitations

220 articles available

 Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an…

  Photo by Osman Rana on Unsplash Part I of this post discussed the current position of host providers and the changes that will be brought about by Article 17. Part II addresses the major problems…

  Photo by Osman Rana on Unsplash On July 6, the EU adopted the Directive on Copyright in the Digital Single Market (DSM Directive), following heated discussions of Articles 15 (formerly 11) and 17 …

 The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive…

 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…

 Article 17 of the adopted DSM Directive requires that so-called online content-sharing service providers (OCSSPs) either obtain use licenses from rightholders or, failing that, enforce copyright ex…

The French Supreme Court sets out, for the first time since the ECJ Deckmyn case of 2014, the criteria for the copyright exception for parody. Case date: 22 May 2019 Case number: 18-12718 Court:…

 European Court of Justice decisions of July 29, 2019 (C-469/17  and C-516/17) The abuse of copyright as a "legal weapon" to suppress press reports is not a new development - for decades authors and…

 The turbulent relationship between copyright law and the freedoms of information and expression lies at the heart of the recent decision of the Court of Justice of the European Union (CJEU) in the…