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In the past decades due to changed technical advances, features of the personality have become economically exploitable to an extent not previously known. Pop stars, TV celebrities as well as famous athletes have sought protection against the commercial use of their images, names and likenesses...
Persistent link: https://www.econbiz.de/10013000352
The Court of Justice of the European Union published its much awaited preliminary ruling in Case C-263/18, Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) in December 2019. In its UsedSoft ruling (Case C-128/11), the CJEU accepted the exhaustion of distribution...
Persistent link: https://www.econbiz.de/10012838850
The Hungárián Copyright Act (HCA) includes a separate chapter on the terms of license (“use”) contracts. The provisions of the HCA serve as lex speciális against the background of general and special rules of contract law codified by the Hungarian Civil Code (HCC). From a historical point...
Persistent link: https://www.econbiz.de/10012992645
Artificial Intelligence (AI) has become a part of our daily life, and “algorithmic creativity” and the protection of it by copyright law has similarly gained a spotlight recently. This article collects the key arguments against the proposal of such protection. The core elements of copyright...
Persistent link: https://www.econbiz.de/10013218647
In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...
Persistent link: https://www.econbiz.de/10013220201
This case review introduces the preliminary ruling of the Court of Justice of the European Union (CJEU) in the VG Bild-Kunst v Stiftung Preußischer Kulturbesitz case. The CJEU ruled that framing thumbnails in circumvention of effective technological protection measures is an act communication...
Persistent link: https://www.econbiz.de/10013234142
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
The role of copyright law in furthering social justice is blurred. On the one hand, copyright law aims to guarantee a more or less exclusive protection. On the other hand, copyright law also intends to strike a fair balance between the interests of rightholders and the society. Such balancing...
Persistent link: https://www.econbiz.de/10013238346
Blockchain-based NFTs (non-fungible tokens) are uniquely identifiable digital representations of physical or digital items. Usually, the tokens are indivisible into smaller units. NFTs represent structured metadata referring to physical or digital objects. The tokens act for a separate...
Persistent link: https://www.econbiz.de/10013291431
The article focuses on the clash of digital technologies and the copyright law from the recent perspective of long term preservation of culturally important works kept in the records of publicly available libraries. The author argues that although the national legislators in the European Union...
Persistent link: https://www.econbiz.de/10014176967