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Brad Spitz  (REALEX)
Press Publishers’ Right: the French Competition Authority orders Google to negotiate with the publishers
April 14, 2020

  Image via needpix Overview After fierce lobbying, European press publishers, backed by the French government, obtained the much criticized press publishers’ right (see e.g. here; here; and…

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Felix Reda  (GFF (Society for Civil Rights))
Introducing control © – Strategic Litigation for Free Communication
April 13, 2020

A year after the adoption of Directive 2019/790 on copyright and related rights in the Digital Single Market, many questions about its compatibility with fundamental rights remain unanswered. Germany…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Copyright case: Tresona Multimedia, LLC v. Burbank High School Vocal Music Association, USA
April 06, 2020

Infringement claims based on failure to obtain licenses for three other songs failed because the plaintiff licensing company did not hold exclusive rights in those works. The vocal music director of…

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Mabel Klimt , Claudia Pérez  (Elzaburu)
Spanish Supreme Court rules on Student’s Copyright Infringement claim
April 01, 2020

 The Spanish Supreme Court has ruled in a case concerning the infringement of copyright of a student whose professor reproduced, without the former’s consent, certain sections of the student’s…

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Gionata Bouchè  (Institute for Information Law (IViR), University of Amsterdam)
Belgian court asks CJEU whether seeding is communicating to the public
March 30, 2020

 On 6 August 2019 the Ondernemingsrechtbank Antwerpen (the court) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) on a dispute between Mircom, a…

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Sarah Stapel  (Institute for Information Law (IViR), University of Amsterdam)
Stichting Brein versus Safe Harbour: The Ongoing Battle Between Intermediaries and Right Holders
March 27, 2020

 On 12 June 2019, the High Court of the Netherlands referred four questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The questions concern an ongoing battle…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Copyright case: Skidmore v. Led Zeppelin, USA
March 23, 2020

Jury instructions not erroneous or prejudicial to plaintiff; court dumps "inverse ratio rule" providing for lower standard of proof of substantial similarity when a high degree of access is shown.…

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Philippe Rixhon  (UCL Centre for Blockchain Technologies)
A new framework for copyright policy?
March 16, 2020

 Impartial observers of the 2018-19 debates around the new European Directive on Copyright must have been mystified. They were used to the acrimonious disputes between lobbies representing…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Copyright case: Alliance of Artists and Recording Companies Inc. v. DENSO International America Inc., USA
March 13, 2020

Because hard drives used in audio recording devices in cars sold by Ford, GM, and Chrysler did not contain "only sounds," they were not covered by the Audio Home Recording Act of 1992. The Alliance…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Copyright case: Castillo v. G&M Realty L.P., USA
March 09, 2020

The paintings, although temporary, had achieved "recognized stature" as artworks and were protected by the Visual Artists Rights Act. Artists who created "aerosol art" paintings on the exteriors of…

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