The great expansion of EU copyright law has paved the way for several rightholders' abusive or dysfunctional conducts, without providing adequate solutions to prevent or remedy them. The answer from EU sources is characterized by extreme fragmentation, with tools mostly borrowed from external...

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...

Social and cultural rights and policies are often intertwined in their positive and negative relationships with copyright. This chapter provides an overview of the Court of Justice of the EU's (CJEU) application of EU primary law provisions in the field of copyright, with the aim to understand...

After reviewing the standards of secondary liability for copyright and trademark infringement in the online context, this Article considers the extent to which the liability of online service providers would change if a DMCA-like safe harbor scheme was applied in cases of secondary trademark...

The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent law. I argue that this notion is conceptually flawed, and has become a straightjacket channeling juristic reasoning into unproductive channels. At root, a license is not a...

Copyright protection of the restoration and reconstruction of works, especially of public domain works, is a controversial matter. One of the pillars of copyright protection, the requirement that the work is original, that is, it originates from the author and does not derive entirely from a...

As scientists are motivated by readership rather than by royalties, one might doubt that academic copyright is required for protecting the authors' property rights and for stimulating research. Consequently, the possibility of moving to an open access regime by abolishing academic copyright is...