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Copyright Exceptions and Digital Exhaustion addressed by the European Court of Human Rights (yes, the one in Strasburg!)

Kluwer Copyright Blog

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. The Safarov case In 2009, Safarov authors a book. An NGO makes his entire work available for download.

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Anti-Piracy Veteran Tim Kuik Retires After Leading BREIN for a Quarter Century

TorrentFreak

In the summer of 2009, hackers from all over the world gathered at an outdoor conference near Vierhouten in the Netherlands. Speaking with TorrentFreak, Kuik recalls that the home video market was just opening up. The downside was that pirates would create bootleg copies. Kuik recognizes this, at least in part.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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IP Issues in The World of Japanese Sequential Art – Manga

IIPRD

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed.

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Interference with the computer program at runtime: C-159/23 Sony Computer Entertainment Europe

Kluwer Copyright Blog

Photo by Heliberto Arias on Unsplash A loophole in copyright protection? The 2009 directive on the legal protection of computer programs (the Software Directive ) grants copyright protection to all forms of expression of computer programs. Its Article 4(1) mentions three exclusive rights. This system may appear impenetrable.

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What Goldsmith Means to AI Trainers

IP Intelligence

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” This is not the “potential” market of fourth fair use factor jurisprudence. 2009); Authors Guild v. at 1290 (Gorsuch, J.,

Fair Use 105
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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. In addition to rights of the author, German copyright law also recognises related rights.