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Search Results for: article 17

432 results available

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Sylvie Nérisson (Max Planck Institute for Innovation and Competition)
Opinion of AG Wathelet in the Soulier and Doke case (C-301/15): Licensing exclusive rights requires express prior consent of the author; opt-out doesn’t help.
August 15, 2016

 The prior express consent of the author is necessary to use a copyright work under EU law; the statutory presumption of collective management of copyright doesn’t comply with the need for…

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Jeremy Blum (Bristows LLP), Katey Popova (Bristows)
Reha and rehabilitating the meaning of ‘communication to the public’.
June 23, 2016

The CJEU has recently ruled on yet another case seeking to determine the meaning of ‘communication to the public’, this time in the context of broadcasting television to patients in a rehabilitation…

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Jan Bernd Nordemann (NORDEMANN)
GS Media vs. Sanoma (C-160/15) – the Advocate General proposes a deviation from prior CJEU case law: Is he right?
May 26, 2016

1. Introduction The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet…

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Jan Bernd Nordemann (NORDEMANN)
Communication to the public in copyright law - the German struggle with the CJEU concept
April 28, 2016

A. Introduction and Background In copyright law the term ‘communication to the public’ marks the boundary between use which has a copyright law relevance and use which does not. The interpretation…

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Lucie Guibault (Schulich School of Law )
Where to Look? Diligent search requirements too vague!
April 25, 2016

  Spare Rib magazine issue 110 A report published by the EnDOW project on the “Requirements for Diligent Search in the United Kingdom, the Netherlands, and Italy” confirms what everyone…

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Kluwer Copyright Blogger
Top Posts on the Kluwer Trademark Blog and Kluwer Patent Blog
March 07, 2016

To ensure you don't miss out on interesting IP law developments reported by our Trademark Law and Patent Law bloggers, we will, on a regular basis, provide you with an overview of the top 3 most-read…

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Philippe Laurent (Marx, Van Ranst, Vermeersch & Partners)
Belgian levies regime condemned by the CJEU
February 23, 2016

Case C‑572/13, HP v. Reprobel, 12 November 2015 By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners As we know, Member States may adopt exceptions to the reproduction…

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Tatiana Synodinou (University of Cyprus)
Draft law provision on the administrative removal and blocking of online copyright infringing content. Will 2016 bring more “happiness” to Greek copyright law?
January 08, 2016

The draft law for the implementation in Greece of Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online…

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Lilla Montagnani (ASK Research Center, Università Bocconi)
Freedom of panorama: what copyright for public art and architectural works?
July 12, 2015

 The relationship between copyright and public art has always been difficult. From the initial reluctance to include architectural works as copyrightable subject matter because of their…

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Brad Spitz (REALEX and University Paris-Saclay (UVSQ))
In breach of EU copyright law, Paris Court refuses to protect Mankowitz's photo of Jimi Hendrix
May 26, 2015

 This ruling, rendered by the IP specialist section of the High Court of First Instance of Paris, breaches the most basic EU and French copyright law, by refusing copyright protection to an…

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