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Tank Man hits the Constitutional Court

bielik-photoRegular readers of this blog will be familiar with an earlier decision by the Slovak Supreme Court about unauthorised use of a famous Tank Man picture in the Slovak media. The case has now hit the Slovak Constitutional Court, thus providing it with the first ever opportunity to discuss the interface of copyright and freedom of expression. And it is very interesting reading.

Some background first. In 1968, when Soviets invaded Czechoslovakia following the Prague Spring, the Tank Man picture was splashed across the front page of major newspapers globally. It was taken by a young photographer, Ladislav Bielik, and showed a bare-chested man in front of the occupiers’ tank who was ready to be sho [...]

ECHR: Copyright vs. Freedom of Expression II (The Pirate Bay)

Dirk Voorhoof   and  Inger Hoedt-RasmussenECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12.

By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School.

The criminal conviction of the co-founders of The Pirate Bay for infringement of copyright does not violate Article 10 ECHR.

Only a few weeks after the Strasbourg Court’s judgment in the case of Ashby Donald and others v. France (ECtHR 10 January 2013, see our blogs on the KluwerCopyrightBlog and the ECHR-Blog ) the Court has decided a new case of conflicting rights between copyright and freedom of expression.

The case concerned the complaint b [...]

ECHR: Copyright vs. freedom of expression

Dirk Voorhoof   and  Inger Hoedt-RasmussenECtHR (5th section), 10 January 2013, case of Ashby Donald and others v. France, Appl. nr. 36769/08.

By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School.

“Although the European Court did not find a violation of Article 10 in the case of Ashby Donald and others v. France, the judgment in this case has definitely confirmed that copyright enforcement, restrictions on the use of copyright protected works and sanctions based on copyright law ultimately can be regarded as interferences with the right of freedom of expression and information.”

For the first time in a judgment on the merits, the European Court of Human Rights has clarified that a conviction base [...]

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