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6 Jan 2024, 6:22 am
The Board found that there was no likelihood of confusion, and remitted the case to the Opposition Division.CopyrightNedim Malovic alerted readers to a recently-initiated case in Sweden that will apply the so-called 'best seller' provision from Article 20 DSM Directive. [read post]
26 Dec 2023, 1:23 pm
Following unsuccessful negotiations between the parties, litigious proceedings were brought.CommentThe implications of Article 20 of the DSM Directive in practice are potentially very significant, especially considering its scope of application time-wise. [read post]
23 Dec 2023, 7:45 am
The overview covers the case law, legislative reforms, and public debates about current issues in copyright law.Anastasiia Kyrylenko commented on a ruling on design and copyright protection of a cat litter tray, which was resolved by the first instance Community design court in BrusselsEleonora Rosati updated readers on a recent referral from an Italian court to the CJEU with questions about the press publishers’ related right under the DSM Directive. [read post]
20 Dec 2023, 2:29 am
Currently, TDM exceptions for non-commercial use exist in some jurisdictions such as the UK (Article 29A, CDPA), whereas in the EU the exception in Article 4 of the DSM Directive applies to any type of use, but rightsholders have the ability to opt their works out of the TDM exception. [read post]
13 Dec 2023, 5:20 am
Kat-negotiations ...As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here], the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here], it is now the turn of Article… [read post]
22 Nov 2023, 2:46 pm
It successfully pushed for a liberal agenda under the governance architectures of the Lisbon, the Convergence, the Better Regulation and the DSM Agendas. [read post]
7 Nov 2023, 2:15 am
This is so for two reasons: first, the DSM Directive-induced post-traumatic stress disorder might be finally overcome; second, with the UK no longer an EU Member State, other Member States might be interested in seizing the opportunity thus arisen and emerge as leading forces in driving the harmonization agenda.As one says, it is sufficient to … wait and see. [read post]
3 Nov 2023, 4:40 am
If the spooky season kept you distracted from the latest IP news, here is what you might have missed.Image via PixelsCopyrightKatfriend, Matt Blaszczyk shared an article on copyright protection of “authorless” works.Anastasiia Kyrylenko informed readers that the CJEU has received the first request for preliminary ruling concerning the interpretation of the DSM Directive in a Belgian case on remuneration of authors and performers. [read post]
25 Oct 2023, 12:07 am
The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). [read post]
24 Oct 2023, 12:44 am
. [*] In terms of the priority given to DSMs, that proposed by the London Diocese will be considered, time permitting, after those from the Diocese of Oxford Future of Work (GS 2320A AND GS 2320B) and Clergy Pensions (GS 2330A and GS 2330B) to be moved by The Revd Dr Ian Paul (Southwell & Notts). [read post]
12 Oct 2023, 2:10 am
In Greece, the relevant EU legal framework (which includes but is not limited to the 2019 DSM Directive) has been implemented and is actively enforced by the Committee Against Online Copyright Infringement. [read post]
1 Oct 2023, 11:18 am
over the past several years.Insofar as policy action is concerned, readers might recall that, when the European Commission unveiled its Digital Single Market Strategy (DSMS) back in 2015 [here and here], “unjustified geoblocking” in the copyright sector featured indeed among the areas indicated for intervention:when trying to access or purchase online copyright-protected content from another Member State, consumers are sometimes told that it is unavailable or cannot be accessed… [read post]
14 Sep 2023, 9:21 am
For a discussion, see also T Kreutzer, The Pastiche in Copyright Law (Gesellschaft für Freiheitsrechte:2022), available at https://freiheitsrechte.org/uploads/documents/Englische-Dokumente/Democracy/Pastiche_in_Copyright_Till_Kreutzer_GFF_english.pdf, 14-23, and A Godioli – J Young, Humor and Free Speech: A Comparative Analysis of Global Case Law (June 2023), Columbia Global Freedom of Expression, Special Collection, available at https://zenodo.org/record/8105760, 26-27.)In any event, the… [read post]
14 Sep 2023, 3:39 am
The CJEU answered that unauthorized (non-trasformative) sampling can infringe a phonogram producer’s rights and German free use is against EU law (reported here and here).Subsequently, the BGH referred the case back to the Court of Appeal (OLG Hamburg, reported here).Meanwhile in June 2021, Germany’s implementation of Art. 17(7) DSM Directive in § 51a UrhG came into force, establishing an exception for pastiche.Before the Court of Appeal, Pelham argued that acts committed… [read post]
31 Aug 2023, 10:35 am
Moreover, Ley points out that the mental health hotline number is unsupported because the standard manual of classification of mental disorders, the DSM-5-TR, does not consider pornography addiction as a mental health disorder, and in fact, explicitly rejected that categorization as unsupported in 2022. [read post]
27 Aug 2023, 9:47 am
At the outset, the court found that the case would not be governed by DSM Directive or its German implementation in the beautifully named Urheberrechts-Diensteanbieter-Gesetz (UrhDaG), as the infringements occurred before the UrhDaG came into force. [read post]
24 Aug 2023, 5:33 am
By Hon. [read post]
28 Jul 2023, 7:36 am
The DSM-5 requires that, for a person to be diagnosed with dissociative identity disorder, they must have the presence of two or more personality states or identities, recurrent gaps in recall of everyday events, and significant distress or impairment in the person’s functioning. [read post]
21 Jul 2023, 12:16 pm
However, blockchain may be useful tool for evidentiary purposes in copyright infringement cases”.AI: the EC considers that the interplay between AI and copyright raises two types of challenges, namely those regarding: (a) the use of copyright protected content to train AI applications, in respect of which the EC refers to the general text and data mining exceptions in the DSM Directive [IPKat here]; and (b) the protectability of AI-generated content, noting that “if AI… [read post]
20 Jul 2023, 12:50 am
The result of all this is Article 16 of the DSM Directive, also known as the "Reprobel provision". [read post]
