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Brad Spitz  (REALEX)
The French Supreme Court on freedom of expression versus copyright
December 08, 2015

The French Supreme Court (‘Cour de cassation’) has caused a stir in France (15 May 2015, No 13-27391), by quashing a judgment of the Court of Appeal of Paris for breaching Article 10-2 of the…

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Ana Ramalho  (Maastricht University)
The Court of Justice, the Commission, and the case for consolidation of EU Copyright Law
December 07, 2015

Readers of this blog are familiar (or should I say fed up?) with the piecemeal legal framework of EU copyright. With nine directives in the field of copyright alone (plus one on enforcement), the…

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Lucie Guibault  (Schulich School of Law )
Our Blogpoll on a Text & Data Mining Exception: the results are in…
December 06, 2015

…and they show overwhelming support for the introduction of a mandatory copyright exception for text and data mining for both commercial and non-commercial purposes. Back in September, we launched a…

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Stavroula Karapapa  (University of Reading)
UK: R. (on the application of British Academy of Songwriters, Composers and Authors) & others v. Secretary of State for Business, Innovation and Skills, High Court of Justice, QBD, 19 June 2015 & 27 July 2015
November 24, 2015

The Secretary of State's decision to introduce section 28B of the CDPA 1988, which created an exception to copyright for personal private use without a mechanism for compensating rightholders, was…

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Pablo Hernández
Spain: Competition and limitations on Collecting Societies safeguarding independence from users
November 17, 2015

Introduction The SGAE case recently resolved by the Spanish Competition Authority ended in a settlement agreement, as we previously reported . As we indicated in that article, this case did not just…

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Rita Matulionyte  (Macquarie Law School)
E-books and a public lending right: is it time for an update?
November 13, 2015

E-book lending in public libraries (e-lending) and the need to extend the public lending right (PLR) to these practices has been discussed on several recent occasions. Following the Sieghart report…

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Elise Vasamae  (Palladium Attorneys at Law)
Estonian Authors’ Society, Estonian Performers’ Union and Estonian Association of Phonogram Producers vs. Government of the Republic of Estonia (“Blank tape levy” case)
November 09, 2015

An interesting case about the legality of a regulation issued by the Estonian Government on the “blank tape levy” The Estonian Authors’ Society, Estonian Performers’ Union and Estonian Association of…

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Jan Bernd Nordemann  (NORDEMANN)
YouTube is a hosting provider, but one with extensive duties of care, say two German Courts
November 06, 2015

 Decision Oberlandesgericht (Court of Appeal) Hamburg of July 1, 2015, file no. 5 U 87/12 and Landgericht (District Court) Munich I of 30 June 2015, file no. 33 O. 9639/14 YouTube is the most…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Effie Film, LLC v. Murphy, United States Court of Appeals, Second Circuit, Nos. 14-3367-cv, 16 October 2015
November 06, 2015

The assignee of the rights to a screenplay by actress and author Emma Thompson about the life of historical figure Euphemia Gray (Effie Film, LLC) should not have been granted an award of nearly $500…

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Anonymous
Switzerland: Totenkopf-Tattoo (Skull-tattoo), Commercial Court of the Canton of Aargau, HSU.2014.68, 5 January 2015
October 16, 2015

The court held that the applicable law is determined by the lex loci protectionis (Schutzlandprinzip), therefore the question of authorship in Switzerland is determined by the Swiss “creator’s…

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