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Hans Eriksson  (Westerberg & Partners Advokatbyrå AB)
Dynamic blocking injunction confirmed by Swedish Patent and Market Court of Appeal
July 20, 2020

 Blocking injunctions against internet service providers (ISPs) remain one of the most interesting and litigated issues of contemporary copyright law. Though the concept of blocking injunctions…

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Jan Bernd Nordemann , Julian Waiblinger  (NORDEMANN)
Art. 17 DSMCD: a class of its own? How to implement Art. 17 into the existing national copyright acts, including a comment on the recent German Discussion Draft - Part 2
July 17, 2020

Part 1 of this post illustrated the criteria differentiating Article 17 of the EU Directive on copyright and related rights in the Digital Single Market (“DSMCD”) from Article 3 InfoSoc Directive and…

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Jan Bernd Nordemann , Julian Waiblinger  (NORDEMANN)
Art. 17 DSMCD: a class of its own? How to implement Art. 17 into the existing national copyright acts, including a comment on the recent German Discussion Draft - Part 1
July 16, 2020

Part 2 of this publication will be published on the Kluwer Copyright Blog shortly.  “… [T]his Directive shall leave intact and shall in no way affect existing rules laid down in the directives…

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Robert B. Barnett  (Wolters Kluwer Legal & Regulatory US)
Copyright case: Mourabit v. Klein, USA
July 14, 2020

As yet, no federal appeals court has addressed whether a human body part may qualify as a tangible medium of expression for copyright purposes, but this one came close. In a suit in which a makeup…

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Felix Reda  (GFF (Society for Civil Rights))
In copyright reform, Germany wants to avoid over-blocking, not rule out upload filters – Part 2
July 10, 2020

 The first part of this post provided an introduction to the German implementation proposal for Article 17 DSM Directive (the Copyright Service Provider Act), and a discussion of the proposed…

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Felix Reda  (GFF (Society for Civil Rights))
In copyright reform, Germany wants to avoid over-blocking, not rule out upload filters – Part 1
July 09, 2020

Germany was the main battleground over last year’s adoption of the EU Directive on Copyright in the Digital Single Market (DSM Directive). After 200,000 people took to the streets against impending…

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Tatiana Synodinou  (University of Cyprus)
European Copyright Society’s (ECS) Comments on the implementation of the CDSM Directive in Member States – Part II (Liability of Platforms and Creators’ Contracts)
July 08, 2020

 The European Copyright Society (ECS) has issued a series of insightful Comments on the implementation of the CDSM Directive’s provisions, which aim to serve as guidelines for policy options for…

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Tatiana Synodinou  (University of Cyprus)
European Copyright Society’s (ECS) Comments on the implementation of the CDSM Directive in Member States – Part I (ECL and Works of Visual Art in the Public Domain)
July 03, 2020

Almost a year has passed since the adoption of the Directive on Copyright in the Digital Single Market (CDSM) Directive on the 6th of July 2019. This marked the end of a controversial legislative…

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Robert B. Barnett  (Wolters Kluwer Legal & Regulatory US)
Copyright case: Enchant Christmas Light Maze & Market Ltd. v. Glowco LLC, USA
July 01, 2020

In addition to the low likelihood of success on the merits, the threat of imminent harm was eliminated, given that the Christmas show that Enchant sought to stop had already come and gone. The denial…

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Estelle Derclaye  (The University of Nottingham)
The CJEU decision in Brompton Bicycle – A welcome double rejection of the multiplicity of shapes and causality theories in copyright law
June 25, 2020

 This case concerned the famous Brompton bicycle which can be folded to carry away after use (Case C‑833/18, SI, Brompton Bicycle Ltd. v. Chedech / Get2Get); the author commented on the Advocate…

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