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Tatiana Synodinou  (University of Cyprus)
The New Copyright Directive: Out of commerce works (Articles 8 to 11): is it possible to untie the Gordian knot of mass digitisation and copyright law without cutting it off? - Part I
July 29, 2019

  Articles 8-11 of the Directive on Copyright in the Digital Single Market (CDSM) aim to establish a clear framework for the digitisation and dissemination, including across borders, of works or…

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P. Bernt Hugenholtz  (Institute for Information Law (IViR))
The New Copyright Directive: Text and Data Mining (Articles 3 and 4)
July 24, 2019

  Art. 2(2) of the DSM Directive defines ‘text and data mining’ as “any automated analytical technique aimed at analysing text and data in digital form in order to generate information which…

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Brian Craig  (Wolters Kluwer Legal & Regulatory US)
Copyright case: Gold Value International Textile Inc. v. Sanctuary Clothing LLC, USA
July 18, 2019

A clothing company that knowingly included inaccurate information in its copyright application—which rendered its registration invalid—was ordered to pay $121,423 in costs and attorney fees to retail…

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Ananay Aguilar  (University of Cambridge)
The New Copyright Directive: Fair remuneration in exploitation contracts of authors and performers - Part 1, Articles 18 and 19
July 15, 2019

 Chapter 3 of Title IV of the Directive encompasses a set of six articles specifically directed at authors and performers (henceforth ‘creators’). For many industry stakeholders, this set of…

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Kluwer Copyright Blogger
Top 3 Posts of the Spring from our IP Law Blogs
July 03, 2019

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…

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John W. Scanlan  (Wolters Kluwer Legal & Regulatory US)
Copyright case: Korman v. Iglesias, USA
June 28, 2019

Although the litigant was unsuccessful in her prior litigation, allowing her to proceed now by asserting facts completely opposite to those she asserted earlier would create the perception that the…

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Alexandra Giannopoulou  (Institute for Information Law (IViR))
The New Copyright Directive: Article 14 or when the Public Domain Enters the New Copyright Directive
June 27, 2019

 According to Article 14 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive), “when the term of protection of a work of visual art has…

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Johan Axhamn  (Department of Business Law, Lund University)
The New Copyright Directive: Collective licensing as a way to strike a fair balance between creator and user interests in copyright legislation (Article 12)
June 25, 2019

 Introduction On 17 April the new EU Directive on copyright and related rights in the Digital Single Market (the DSM Directive) was adopted, following intense negotiations in the Council and the…

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Bernd Justin Jütte  (University College Dublin)
The New Copyright Directive: Digital and Cross-border Teaching Exception (Article 5)
June 21, 2019

 Introduction The CDSM Directive introduces exceptions or limitations (E&L) for three different purposes. These are (as already outlined here) text and data mining (Articles 3 and 4), cross-…

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Carys J. Craig  (Osgoode Hall Law School)
Oh Canada! True Patriot Love (for Thy Copyright Act Review)
June 19, 2019

 Readers in Europe and around the world may have heard some refreshingly contented murmurings recently about a new—and, “miraculously, an eminently sensible”—copyright policy report coming out…

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