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22 Mar 2020, 10:18 am by Nedim Malovic
However, the exercise of that freedom may be subject to restrictions or penalties as are prescribed by law and are necessary in a democratic society, with regard to (among other things) the rights of others.As a matter of principle, it is important to recall that the ECHR regulates a state's obligations to individuals and does not have a direct effect on the civil liability in proceedings between individuals.When it comes to criminal liability for copyright infringement, the European… [read post]
19 Dec 2019, 8:13 am by Matthew L.M. Fletcher
Ashby (state court tort suit) Plaintiff amends her personal capacity suit against Nooksack Police Chief Mike Ashby. 12-13-19 Amended Complaint   [read post]
14 Aug 2019, 6:11 am by Matthew L.M. Fletcher
Dodge (state court tort suit) 8-13-19-first-amended-complaint.pdf Doucette v. [read post]
11 Jun 2019, 12:48 pm
However, that court has also confirmed that, while Article 10(2) ECHR leaves little room for restrictions on freedom of expression in political matters, Contracting States enjoy a wide margin of discretion when they regulate freedom of expression in the commercial field (see, eg, Ashby Donald, para 39).In any event, the potential conflict between freedom of expression - whether commercial or artistic - and image rights has also emerged elsewhere, including in the US. [read post]
20 Mar 2019, 1:01 am by rhapsodyinbooks
Membership was only open to white males; within a year the club had more than 400 members and 31 posts in the state. [read post]
20 Mar 2019, 1:01 am by rhapsodyinbooks
Membership was only open to white males; within a year the club had more than 400 members and 31 posts in the state. [read post]
25 Oct 2018, 7:35 am
But Member States do not enjoy them: the rationale of fundamental rights is to protect individuals from the State, not vice versa: "If the State were able to invoke its individual rights, other than the public interest, in order to limit fundamental rights, the result would be the destruction of those fundamental rights. [read post]
16 Jul 2018, 1:11 pm
Because fashion shows were recognized as full-fledged copyright works (‘oeuvres de l’esprit’) under French law by the Civil Supreme Court (Court de Cassation) in 2008 (decision: Ashby v Gaulme, Kenzo et Lacroix (2008) ; Ashby Donald and Others v France [2013] ECHR 28; see here). [read post]
25 Mar 2018, 3:59 am
Freedom of expressionFinally, the Versailles court addressed the interplay between copyright protection and freedom of expression under the ECHR [it is worth recalling that the EU Charter of Fundamental Rights, which has rank of primary source of EU law, also mandates protection of both intellectual property as a fundamental right within the right to property (Article 17(2)) and freedom of expression (Article 11)].To this end, Klasen invoked the decision of the European Court of Human Rights (ECtHR)… [read post]