This post is a summary of an editorial forthcoming in IIC – International Review of Intellectual Property and Competition Law. A pre-print is available for free download on SSRN. Like most exceptions in the EU copyright acquis, the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning…
Yesterday the German Federal Supreme Court (Bundesgerichtshof) published its rulings on three long-standing copyright disputes involving fundamental rights. All three cases had been the subject of preliminary rulings by the CJEU last year, case C‑469/17 (Funke Medien), case C‑516/17 (Spiegel Online) and case C‑476/17 (Pelham). In the two press freedom-related cases, the German Federal Supreme…
The French Supreme Court sets out, for the first time since the ECJ Deckmyn case of 2014, the criteria for the copyright exception for parody. Case date: 22 May 2019 Case number: 18-12718 Court: Court of Cassation of France A full summary of this case has been published on Kluwer IP Law.
The new Colombian Copyright Act bill brings different and important modifications. The following points explain the most significant changes: Copyright Duration has Increased for Legal Persons: The copyright and neighboring rights duration for legal persons has increased from 50 to 70 years. The 70-year term is counted from the year following the date of publication,…
From August 8th to September 22nd 2016, the Colombian Ministry of Commerce made a public call for comments on a draft reform of the current copyright legislation. A key change that this proposal could have included was conspicuous by its absence: the parody exception. Colombian civil society has advocated for a change to this. The…
By Martin Husovec, Tilburg University and Matej Gera, CIPPM, Bournemouth University Some will associate the year of 2016 with the year of the Fire Monkey or the monkey selfie. Not Slovak copyright scholars, whose government decided to engage in its own monkey business – an entirely new Copyright Act (Act No. 185/2015). Being the third…
Judgment CJEU, 3 September 2014, Deckmyn and Vrijheidsfonds (C-201/13). Request for a preliminary ruling from the Hof van Beroep te Brussel (Belgium). Belgian copyright law provides that “once a work has been lawfully published, its author may not prohibit caricature, parody and pastiche, observing fair practices”. This provision, which existed before the adoption of the…
