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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

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. The defendant invoked the defence of the limitation provision in Section 57 UrhG.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… 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. .

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The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

Kluwer Copyright Blog

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.

Art 78
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AI and copyright in 2022

Kluwer Copyright Blog

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

Copyright 145
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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. 17 DSM Directive was introduced in 2019. Some argue that Art. 3 InfoSoc Directive. 3 InfoSoc Directive.

Art 85
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Comparative Report on the National Implementations of Articles 15 & 17 of the Directive on Copyright in the Digital Single Market – Part 2

Kluwer Copyright Blog

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).