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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

Related rights. In addition to rights of the author, German copyright law also recognises related rights. An exhaustion of the right of distribution under Section 69c No. Reporting on current events (Section 50 UrhG) and right of quotation (Section 51 UrhG). Exception provisions.

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Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994.

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Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

The IPKat

15 of DSM Directive introduced a related right for press publishers to control the online uses of their press publications by information society service providers (ISSPs). They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation.

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[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

The IPKat

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).

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Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

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Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

Kluwer Copyright Blog

Following the ECJ ruling, the Austrian Supreme Court denied a communication to the public in the sense of Art 3 para 1 EC Directive 2001/29 (respectively § 18a Austrian Copyright Act). According to the ECJ’s judgment, YouTube does not have to automatically check every video for copyright infringement. by Alexander Puutio. €

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

Kluwer Copyright Blog

Under the new rules of the 2019 Directive on Copyright in the Digital Single Market, which have been recently implemented in most EU Member States, authors that license or assign their rights “for the exploitation of their works” are entitled to receive appropriate and proportionate remuneration, [8] a except where they have granted OA licences.

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