Time and again, authors use their copyright to prevent press publications they do not like. Such use of copyright to suppress press reporting interferes with the fundamental right of communication, which not only serves individual expression but also safeguards the existence of a democratic society. In light of fundamental rights, copyright law cannot allow the…
Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g. here and here). The American transformative…
In AsDAV v Republic of Moldova the Second Section of the European Court of Human Rights (ECtHR) held that the uncompensated use of works by a public authority constitutes a violation of Article 1 of Protocol No. 1 to the European Convention on Human Rights (ECHR). The ECtHR found that the Moldovan Supreme Court had…
The right to freedom of expression is of paramount importance for a democratic society. When balanced with other fundamental rights, Article 10 of the European Convention of Human Rights affords Member States a wide margin of appreciation. This margin is traditionally exercised by the national legislatures. With the extensive harmonization of copyright through EU law,…
2016 was a busy year for European copyright law. Unsurprisingly, Brexit and its potential impact on copyright in Europe and the UK was one of the most popular topics on the Kluwer Copyright Blog. Other hot topics included the much-anticipated CJEU judgment in the GS Media case and the ongoing EU copyright reform. We provide a countdown below…
In this case, brought by a Latvian collective management organisation (AKKA/LAA) against the Latvian Government, the European Court of Human Rights held as follows: 1. The protection of intellectual property rights, including the protection of copyright and the economic interests deriving from it, falls within the scope of Article 1 of Protocol No. 1 of…
On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat puzzlingly, the Court reached the opposite conclusion from that of last summer’s controversial Grand Chamber ruling, this time finding that a violation of Article 10…
“When it is established or not contradicted that a reasonable remuneration has been offered, additional circumstances will be necessary in order to conclude that publication is indeed illegitimate.” In an interesting case about the portrait rights of the legendary Dutch football (soccer) player Johan Cruijff, the Supreme Court of the Netherlands recently ruled that a…
