Search for: "Ashby v. State" Results 21 - 40 of 179
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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]
26 Jul 2017, 2:59 am by INFORRM
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (2017 SCC 34). [read post]
17 Jul 2017, 6:46 am by Graham Smith
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (28 June 2017). [read post]
17 Jul 2017, 6:46 am by Graham Smith
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (28 June 2017). [read post]
14 Sep 2016, 4:31 am by Graham Smith
Curiously (given the recited facts quoted above) it then states: "it is indisputed that GS Media ... provided the hyperlinks to the files containing the photos at issue, hosted on the Filefactory website... [read post]
14 Sep 2016, 4:31 am by Graham Smith
Curiously (given the recited facts quoted above) it then states: "it is indisputed that GS Media ... provided the hyperlinks to the files containing the photos at issue, hosted on the Filefactory website... [read post]
14 Sep 2016, 4:31 am by Graham Smith
Curiously (given the recited facts quoted above) it then states: "it is indisputed that GS Media ... provided the hyperlinks to the files containing the photos at issue, hosted on the Filefactory website... [read post]
15 Dec 2015, 5:41 am by Amy Howe
In a number of cases out of Ohio, the perennial battleground state in presidential elections, the Sixth Circuit has found lack of uniform rules in the state to raise Bush v. [read post]
4 Mar 2015, 1:42 am by Jani
The European Court of Human Rights weighed on the issue of copyright interfering with freedom of expression in the case of Ashby Donald and Others v France (case text only in French), and deemed that "...a conviction based on copyright law for illegally reproducing or publicly communicating copyright protected material can be regarded as an interference with the right of freedom of expression and information under Article 10 of the European Convention". [read post]
7 Sep 2014, 5:30 pm by INFORRM
The case of Deckmyn v Vandersteen (Case C-201/13) on parody considers a set of questions related to the right to freedom of expression conflicting with copyright, and the impact of the Information Society (Infosoc) Directive 2001/29. [read post]