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Equally, a significant portion of online material is also likely to contain personal data, and there is likely to be a significant overlap in relation to specific pieces of content which are protected by both copyrightlaw and by data protection law.
In a policy paper , copyright and art-law experts led by the author clarified the general copyrightlaw principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4.
Although this decision only concerns the “re-utilization” of databases protected by the sui generis right (related right) of the EU Database Directive 96/9, there are strong arguments that the decision also applies to Art. 3 InfoSoc Directive as a conflict of law rule governing its international application.
The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things. In addition to this, numerous other sections address various facets of upholding databaserights. The copyright of a database is safeguarded by the Copyright Act of 1957.
Among other things, the proposal clarifies that the " sui generis databaseright " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.
have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyrightinfringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .
Is the operator of a streaming platform liable for copyrightinfringement if users of its service use a VPN to access content that in principle would not be accessible from a certain territory, given geo-blocking restrictions implemented by the platform operator? Access attempt.
The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectual property and data protection perspectives, and nascent litigation in various jurisdictions when the scraping has been done without permission of the copyright/databaseright holders.
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