Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here, and part 4 will be published on the blog shortly. IV. Related rights In addition to rights of the author, German copyright law also recognises…
On March 23 the European Commission launched a public consultation on both the role of publishers in the copyright value chain and the ‘panorama exception’. The intent was to gather views on several issues: first, whether publishers of newspapers, magazines, books and scientific journals are facing problems in the digital environment as a result of…
Question referred to the Supreme Court by Stockholm District Court in a case between Bildupphovsrätt i Sverige ek.för. (BUS) vs Wikimedia Sverige (Case nr Ö 849-15) On 4th April 2016 the Supreme Court handed down its decision in a case between Bildupphovsrätt i Sverige (BUS) and Wikimedia Sverige. The question referred to the Supreme Court…
When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new technologies and their business cases. The process for obtaining legal certainty may take some time, especially with regard to computer related technology: e.g., whilst…
On December 9th 2015 the Commission revealed its plans for the modernisation of copyright law. The target is to adapt copyright law to technological challenges and to make it more European, digital friendly and functional in an EU digital single market. The Commission’s strategy focuses on the three key areas which have been identified by…
The relationship between copyright and public art has always been difficult. From the initial reluctance to include architectural works as copyrightable subject matter because of their functional dimension, to the attempt at copyrighting works that, like the Egyptian pyramids, have never been protected (see here), passing on through the cases of “duplitectural marvels”. Moving beyond…
