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The dispute and the question referred to the CJEU are mainly based on the fact that the concept of “communication to the public” within the meaning of Article 3(1) of Directive 2001/29/EC is divided into several rights in German law, that can all be licensed separately. Kat enjoying TV. FCJ, case no. I ZR 21/14 - Königshof).
However, over the last two decades, the ability of computers to recognise content has become crucial for a wide range of applications (and this is not a list of the capabilities of HAL 9000 in " 2001: A Space Odyssey "). its pattern, trade mark or design) to determine whether it is genuine or counterfeit.
Interestingly, designers of computer games have also been mentioned, although, according to Article 77 of the Polish copyright law, computer programs do not fall under the exception concerning permitted personal uses described in Article 23 of the Polish Copyright Act.
The Orphan Works Database contains 6,031 works as of March 6th 2023, whereas a 2001 estimate showed for instance that up to 1.25 The OWD and the CDSM Directive’s OOCW provisions now coexist as two distinct options that cultural heritage institutions can rely on for clearing rights. billion periodicals could be orphan works.
He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. Compensation presupposes culpability and infringement of IP (or relatedrights) (i.e.,
The situation was only different, according to the BGH, in the exceptional cases where providers intentionally collaborated with their customers to commit rights infringements. The “ uploaded III ” case also concerned the infringement of rights of communication to the public via the aforementioned file hosting and sharing service.
Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29).
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