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Copyright law

  • Polishing the Golden Rule of International Copyright Protection

    April 23, 2018

    This week’s fascinating guest blog concerns the national treatment principle that deals with the issue of non-discrimination in international intellectual property law. The blog provides a brief overview of the development of this eminent principle in international conventions protecting copyright. Dr. Danny Friedmann combines intellectual rigor with clever anecdotes in this blog. Find out why Charles Dickens complained about the unfairness of the massive piracy of his books in the United States and how a former copyright pirate like Belgium could transform itself to a copyright advocate.

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  • Google Books and Fair Use

    October 23, 2015

    On the 16th of October 2015, the United States Court of Appels for the Second Circuit made clear that Google Books is legal. The Court ruled for Google against the Authors Guild, a professional group of
    published writers which had alleged that Google Library Project and Google Books project infringed their copyrights. In determining whether the use made of a work in any particular case is a fair use the appeals Court considered four factors of the US copyright law.

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    European Court of Justice Clarification of the Research and Private Study Exception to Copyright Infringement for Libraries

    September 26, 2014

    On Thursday 11 September 2014, the European Court of Justice ruled on the meaning of the research and private study exception to copyright infringement for libraries, educational establishments, museums and archives. The Court decided that libraries are allowed to digitise books and make them available to the public at e-reading points within its vicinity, without the author’s permission. The judgment was issued in Case C-117/13, Technische Universität Darmstadt v Eugen Ulmer KG.

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    ECJ Judgment: Private Copying Levy Cannot Include Copies Made from Unlawful Sources!

    April 25, 2014

    The European Court of Justice has been pretty busy the past weeks. On Tuesday, April 8th 2014, the Court has declared the Data Retention Directive invalid from the date on which the directive entered into force. On Thursday, April 10th 2014, the Court has given its verdict on a complicated Dutch case involving the home-copying exception of European copyright legislation, and the associated use of copyright levies on blank media.

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  • You’ve been Framed: Hyperlinking and European Copyright Law

    You’ve been Framed: Hyperlinking and European Copyright Law

    July 12, 2013

    One of the central features of the internet is the ability for each webpage to offer connections to other webpages in a click of a button. However in the copyright world there has been much discussion about website operators infringing copyright in a work by providing a link to another website containing that work. Can hyperlinking be a copyright infringement? What kind of linking is a communication to the public and the making of an authorized copy? In this blog I will discuss this issue in a European perspective with references to some recent cases of the European Court of Justice but first let me explain to you in short the relevant forms of hyperlinking.

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  • Trouble in Middle-Earth: Tolkien Estate sues Film Producers over Copyright Infringement and Breach of Contract

    Trouble in Middle-Earth: Tolkien Estate sues Film Producers over Copyright Infringement and Breach of Contract

    November 30, 2012

    After the big success of ‘The Lord of the Rings’ trilogy, it is now time for the first of the three upcoming films based on the other classic Tolkien book ‘The Hobbit’. Bilbo Baggins, the head character of the movie, is going to start with an unexpected journey through Middle-Earth. But, one week before the premiere in Wellington and two weeks before the first film of this trilogy hits theaters worldwide, the Tolkien estate has filed a lawsuit in the U.S. Central District Court of California.

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  • Intellectual Property

    Intellectual Property

    Intellectual property (IP) law refers to a set of laws that govern the creation, protection, sharing, and use of intellectual property. IP is intangible property created through mental work, such as an invention, creative work, design, or idea. IP has become an increasingly important and frequently litigated area, particularly in the patent, copyright, and trademark areas but also in the protection of domain names, databases, software, and traditional knowledge.

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