Exceptions and Limitations

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2019 to all of our readers, as well as reflect on developments in copyright over the past year.  Last…

 On 12 December 2018 Advocate General (AG) Szpunar delivered his Opinion in Case C-476/17, Pelham. The case concerns the practice of sampling, i.e. the reproduction of minimal parts of a phonogram…

 The relation between freedom of expression and copyright in the EU is one of imprecision and uncertainty. In Funke Medien (Case C-469/17) the German Federal Supreme Court (BGH) asks whether…

 The new Colombian Copyright Act bill brings different and important modifications. The following points explain the most significant changes: Copyright Duration has Increased for Legal Persons: …

 According to the Vienna Commercial Court, YouTube is not a mere host provider. Host providers are privileged, and shall not be liable for information stored if the provider does not have actual…

The Supreme Court clarified the circumstances under which private copying levies should be paid by importers of cell phones, and reached the conclusion that if two technically independent devices…

The Tallinn Circuit Court finally and definitively determined the action in the “blank tape levy” court case. This landmark court case had been pending since February 2013, when the authors’,…

 Sampling is a technique used in the music industry which utilises parts of pre-existing recordings in order to create a new music composition. Although sampling has been a common practice and a…

On 19 March 2018, the Department of Communications and the Arts released its Copyright Modernisation Consultation Paper (Consultation Paper) addressing key proposals for the reform (or rather …