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This contribution is based on a paper published in 44 European IntellectualPropertyLaw Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artisticworks. All Berne Union Member States must thus provide copyright protection to photographic works.
Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and RelatedRights Act very much stick to the wording of Article 15(1) of the CDSM Directive. Therefore, the narrower the scope of the VSE limitation, the lower the threshold for the right to kick in.
In simple terms, IP is a category of property that includes the intangible (i.e., Such creations may include literary and artisticworks, designs, names, inventions, etc. When you enforce your copyright, you enforce your copyright-relatedrights, which fall under IntellectualPropertyRights (IPRs).
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