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On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite. European Commission, European Media Freedom Act. In September, the European Commission proposed a new Regulation targeting media pluralism and independence in the EU.
At the same time, however, Article 6 of the Term Directive ( Directive 2006/116/EC ) also states that “Member States may provide for the protection of other photographs” and thus leaves to each Member State’s own discretion the decision of whether to provide some protection to non-original photographs in addition to “original” ones.
NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and relatedrights in the information society.
The AG is of the opinion that such national legislation is precluded by EU law and in particular by Article 3(2) of Directive 2000/31 , as well as Article 16(1) and 2(d) of Directive 2006/123. For a blog post detailing the hearing before the court see here.
This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, relatedrights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law.
Case C-840/24 concerns the distribution, by collective management organisations (CMOs), of proceeds from private copying and lending rights. The request asks whether publishers may benefit from a fund, run by a CMO and funded through compensation for private copying exception and public lending rights.
7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. 9 The reproduction right essentially gives copyright owners the exclusive right to make copies of their work or to authorize others to do so. Ginsburg & R. Dreyfuss eds., ↩︎ See Grokster, 545 U.S.
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