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Showing posts with the label Article 5(3)(d) InfoSoc Directive

Italian Supreme Court says that the quotation exception in copyright law only applies to partial reproductions of works, never to works in their entirety

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Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. Despite it being admittedly a ‘right to quote’ from the perspective of Article 10(1) of the  Berne Convention , under EU law quotation is one of the  traditionally  optional exceptions found inter alia in Article 5 of the  InfoSoc Directive , specifically Article 5(3)(d). This is a provision which, according to the CJEU ( Painer ), has the same material scope of its Berne counterpart. While  not all Member States  took advantage of the possibility under Article 5(3)(d) of the InfoSoc Directive, with the transposition of Article 17 of the  DSM Directive  into national laws, all Member States shall be required to introduce exceptions allowing quotation, criticism and review, at least insofar as Article 17-related activities are concerned. All this is testimony to the importance of ...

BREAKING: BGH asks CJEU what a 'quotation' is: only unaltered reproductions or also something else?

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Miami to Ibiza ? Better: Karlsruhe ... Via Katfriend  Mathias Schindler  (Office of  MEP Julia Reda )  comes the news that today Germany's Federal Court of Justice ( Bundesgerichtshof - BGH) has referred a new copyright case to the Court of Justice of the European Union:  I ZR 228/15 -  Reformistischer Aufbruch . This is the third copyright reference from the BGH in less than two months: last month, in fact, this court referred the (long-running)  Metall auf Metall  case, and the  Afghanistan Papiere  case  [both reported  here ] . According to the relevant press release (and its Google Translate translation), similarly to the two other references mentioned above, also this new case seeks guidance on – among other things – the interplay between copyright protection and the protection of third-party rights and freedoms (including freedom of the press), as well as the proper interpretation of relevant exce...