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Limitations to parties’ choice of law in copyright exploitation contracts in the digital era (Part 1)

Kluwer Copyright Blog

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. 167(1) Belgian Code on Economic Law ) or validity (see e.g. Article 2(3) Dutch Copyright Act ).

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Sci-Hub Founder’s High Court Creativity Fails to Dismiss Publishers’ Lawsuit

TorrentFreak

When scientific papers and academic articles enter the equation, the ground suddenly starts to shift. Based on the assertion that the assignment agreements relied upon by the publishers do not confer ownership of copyrights relating to the allegedly infringed works, Elbakyan declared them void. Elbakyan [defendant no.1],

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Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Kluwer Copyright Blog

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Moreover, like most of the E&Ls of Article 5 ISD, the research exception remains optional for the Member States.

Copyright 106
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CJEU has received first reference on DSM Directive

The IPKat

Though the Royal Decree was adopted before the final transposition date for the DSM Directive (7th of June 2021) and before Belgium actually transposed the Directive in 2022, the preamble to the Royal Decree does cite the Directive as one of its sources. As such, it would be contrary to EU copyright directives.

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What if? Discussing the Elsevier Ltd. And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments

SpicyIP

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

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[Guest Post] Copyright as movable property: Constitutional issues with Nigeria’s Copyright Act 2022

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Introducing a zero-embargo Secondary Publication Right in Bulgaria

Kluwer Copyright Blog

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. A new para 2 to art.