Because the copyright owner had held the book out as nonfiction, the "asserted truths" doctrine precluded the owner from later claiming copyright protection for facts contained in it.
The members of…
Lower court ruling dismissing claims accusing HP of selling unauthorized software updates was reversed on appeal.
Claims of direct and indirect infringement by Hewlett Packard and a third party in…
The story of Austria’s copyright levy on storage media (storage media levy, briefly “SML”) is not over: In its latest chapter, the Austrian courts – and now also the Court of Justice of the European…
CC-BY-SA Martin Kraft
Part 1 of this blog post introduced the claim by rightsholders and some other commentators that Article 17 of the EU Directive on Copyright in the Digital Single Market (…
CC-BY-SA Martin Kraft
EU Member States are currently grappling with the task of implementing the Directive on Copyright in the Digital Single Market (DSM Directive) into national law. The European…
Pastor and church who sent YouTube DMCA takedown notices for videos of sermons posted on operator’s channel had good faith belief that videos were infringing.
An ongoing dispute between a church and…
On 9 July 2020, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-264/19 Constantin Film Verleih v YouTube and Google Inc. Providing clarification on the scope…
As previously noted, on 18 June 2020 Hungary became the second Member State of the European Union to – partially – implement Directive 2019/790 on Copyright in the Digital Single Market (CDSM…
In Part 1 of this blog post we addressed certain criticisms from our esteemed colleagues Jan Bernt Nordemann and Julian Waiblinger to our 2019 working paper and the German implementation…
In a recent two part post on this blog, our esteemed colleagues, Jan Bernt Nordemann and Julian Waiblinger, argued that our 2019 working paper and the German implementation proposal reading of…
