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[Guest post] Reciprocity in copyright law

The IPKat

Therefore, as regards a portrait photograph, the protection conferred by Article 2(a) of Directive 2001/29 cannot be inferior to that enjoyed by other works, including other photographic works. This concept of reciprocity is a well-established adage not only in copyright law but also in design law as demonstrated elsewhere.

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[Guest post] Works of applied art – the difference between design and copyright law

The IPKat

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.

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[Guest post] Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international copyright law?

The IPKat

Here’s what Lokesh writes: Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international copyright law? This can include the provisions in copyright laws of countries that can arguably be used for public emergencies. 28 of 2014 ), the Dominican Republic (Article 48 of Law No.

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Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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[Guest post] The General Court of the EU wanders into copyright law, and gets disoriented

The IPKat

Here's what Frederic writes: The General Court of the EU wanders into copyright law, and gets disoriented by Frederic Blockx No access for Kats Traditionally, the last few days of the Term yield an impressive harvest of cases out of Luxembourg. In doing so, the Court draws arguments from copyright law, which warrant closer attention.

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A Work of Art? Ninth Circuit Analyzes Foreign Judgments and Fair Use

JD Supra Law

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic works featuring the art of Pablo Picasso.

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Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

The BGH had previously worked on the basis that ‘Stoererhaftung’, as the implementation of Article 8(3) of the Copyright Directive (2001/29), had to be interpreted in line with the Directives but that perpetrator and participant liability, for example, did not. That has now changed.