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CJEU upholds Article 17, but not in the form (most) Member States imagined

Kluwer Copyright Blog

Judge-rapporteur Marko Ilešic delivering the judgment in Case C-401/19 (Copyright European Union via Europe by Satellite – [link] ). Article 17 is here to stay, but most national implementations fail to meet the fundamental rights standards developed by the Court in its judgment.

Copyright 108
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Article 17 DSM Directive: the Swedish proposal (Part 2)

Kluwer Copyright Blog

In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Article 17(7)), and any other non-infringing use. With all the delays in the legislative process, the question then is whether Sweden has failed to implement Article 17 on time. 298-299).

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Rethinking copyright flexibilities conference – call for papers –  Nicosia, 31 October – 1 November 2022

Kluwer Copyright Blog

Day 2 will feature three panels and one PhD workshop, devoted to the discussion of work-in-progress papers or recently published articles. We welcome contributions that address the following topics in an EU and comparative perspective: copyright exceptions and limitations. copyright internal limits. copyright internal limits.

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Taking freedom of information seriously: the ‘very short extracts’ limitation in Article 15 CDSM Directive and how not to implement it – Part 1

Kluwer Copyright Blog

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

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Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Kluwer Copyright Blog

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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Dilution of Fictional Characters: A Remedy to Trademark Infringement

IP and Legal Filings

The laws of Dilution Dilution is another effective means by which the author could secure trademark protection with respect to his fictional character. [1] 2] Dilution had been a congregation of inconsistent and unsettled state law doctrines in the US, prior to 1995. 813, 825. [3] 3] Michael T. 623, 635–38. [4] 4] 15 U.S.C.

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Emoji and World of Intellectual Property

IIPRD

Now, we may use an emoji in a casual sense and it may not look as complex it is, but the truth is, that it is capable of opening a realm of questions in terms of intellectual property. But the question is who could have, in the wildest of their imagination, thought of a co-relation between Intellectual Property and Emoji?