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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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Around the IP Blogs

The IPKat

This article provides an overview of the current trends in the U.S. Among other things, the proposal clarifies that the " sui generis database right " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device.

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AG Szpunar advises CJEU to rule that streaming platforms are not liable (unless they have intentionally applied ineffective geo-blocks) if their users use VPNs

The IPKat

Is the operator of a streaming platform liable for copyright infringement if users of its service use a VPN to access content that in principle would not be accessible from a certain territory, given geo-blocking restrictions implemented by the platform operator? Access attempt.

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Copyright Protection For Databases In India

IP and Legal Filings

Sui generis protection does not exist in India because the government believes that the Copyright Act’s current level of protection is adequate and that a need for further protection has not yet arisen. The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things.

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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. 3 InfoSoc Directive as a conflict of law rule governing its international application. Image of conolan on Pixabay.

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