Exceptions and Limitations

220 articles available

  Photo by ThisisEngineering on Unsplash In November 2023, the CJEU cast light on the right to fair compensation under the private copying exception harmonised by Article 5(2)(b) InfoSoc Directive…

Photo by Dinh Pham on Unsplash As the environmental crisis escalates due to overproduction and overconsumption, there is an increasing recognition of the urgent need for environmental consciousness…

  Image by Grooveland Designs from Pixabay For 25 years, a case has been circling the German Courts like a roller coaster without a final decision. To date, the Federal Court (hereinafter "BGH")…

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright…

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of…

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. On 6 February 2024, in its response to the AI White Paper…

  Image via Pixabay The two US class actions against Meta   We have previously analysed US class actions against Open AI (here) and Google (here) for unauthorized use of copyright works in the…

  Image by Виктор Сапожников via Pixabay More than two years after the transposition deadline, and with another infringement proceeding under its belt, Bulgaria is one of the last Member States to…

  Photo by 5477687 via Pixabay Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. These two…