Remove 2001 Remove Contracts Remove Copyright Law
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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

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. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

In this part II we discuss two additional aspects, with a focus on UK copyright law 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.

Artwork 98
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From conceptual art to AI: On the Druet/Cattelan dispute and authorship of works made by someone other than the “author”

The IPKat

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.

Art 139
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ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

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.

Copyright 130
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Comment of the European Copyright Society Addressing Selected Aspects of the Implementation of Articles 3 to 7 of Directive (EU) 2019/790 on Copyright in the Digital Single Market

Kluwer Copyright Blog

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].

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[Guest post] How a chair makes the Berne Convention wobble: CJEU to answer questions on principle of reciprocity for works of applied art

The IPKat

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).

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