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Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyrightcontractlaw (Sections 31 et seqq. Claims under copyrightlaw. Right of remuneration (Sections 32 et seqq.
by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.
In this part II we discuss two additional aspects, with a focus on UK copyrightlaw and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.
Background In 1999, Cattelan contacted Druet to create 8 wax sculptures, including amongst others La Nona Ora (1999) , La Rivoluzione Siamo Noi (2000) , and Him (2001). The same approach is found in national law. The authorship of some of Cattelan’s best-known wax sculptures.
Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.
Against this background, the European Copyright Society (ECS) issued on May 2022 a comment addressing selected aspects of the implementation of the new mandatory exceptions of Articles 3 to 7 of the Directive (drafted by Jonathan Griffiths, Tatiana Synodinou and Raquel Xalabarder). All ECS opinions are archived here: [link].
Put succinctly, the CJEU ruled in that case that the EU Charter does not allow a Member State to limit, through its own national law, fundamental EU rights, even if that limitation is based on the possibility given to contracting parties (in that case: the WIPO Performances and Phonograms Treaty (WPPT).
Book publishers followed closely the adoption of this legislation as the vast majority of its provisions concern them directly, from new copyright exceptions to contractual rules between authors and their partners. A core goal of the DSM Directive was to adapt EU copyrightlaw to the digital era, ensuring it could address new practices.
Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyrightcontractlaw and claims under copyrightlaw. I. Copyright protection 1. This follows from the LG’s Berlin decision in The Unknowable.
In 2008, the parties concluded a contract, which included the following clauses [translation by this Kat]: § 4 Protection of the work and of the author […] 4.3 Statutory copyright protection remains unaffected. […] § 13. The client owns the copyright to the image of the building, which is the object of this contract. (2)
Part I of this post discussed the changes to copyrightcontractlaw and the new text and data mining exemption provisions that formed part of the 2021 copyrightlaw reform. It also addresses changes to the German Collecting Societies Act (VGG) and copyright liability of online content sharing service providers.
More than being an empty statement, the newly proposed right entrenches the user safeguards embedded in the liability regime and is actually intended to prevent a service from disabling access to lawful content with reference to the safe harbour; i.e. by citing provisions which are inherently intended to protect copyright (Ds 2021:30, p.
The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. It is to be noted that extant varieties not being subject to ‘novelty’ requirements under section 15(2) of the Protection of Plant Varieties and Farmers Rights Act, 2001, face a lesser burden whilst seeking registration.
among others, temporary reproduction, some lawful uses, private copy/reprography, private study, illustration for teaching and research), which are either classified or labelled differently in different Member States, or are qualified as acts outside the scope of copyright instead of L&Es.
To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication.
But both the district court and the appeals court ruled against Genius, saying that their claims were preempted by copyrightlaw. 2: DaBaby Facing Copyright Lawsuit Over His No. 1 Hit “Rockstar”. The case was headed for a trial in the coming weeks, but now both sides have moved for the case to be dismissed, citing a settlement.
1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. To understand the source of the problem, it’s first necessary to understand the copyrighted work at issue in many record label agreements. BACKGROUND. ANALYSIS AND UPSHOT.
Newman: coauthorship isn’t purely a matter of contract, though it’s true that we rarely second-guess an agreement. Chien-Chih (Jesse) Lu, Determining Music Copyright Infringement in the Taiwan Context Sleeping Beauty case: P performed song at school in 2001; D, also a student there, composed a melody 90% the same.
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