©-LAW

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 ...

Moses Pelham Earlier this week The IPKat  reported  that Advocate General (AG) Szpunar has now issued his (non- insubstantial : 100 paragraphs)  Opinion  in  Pelham , C-476/17 (the  Metall auf Metall  case). As readers know, this referral from Germany is asking the Court of Justice of the European Union (CJEU) to provide guidance on the lawfulness of unlicensed sampling. Sampling  is the taking  of the sounds fixed in a phonogram  in order to incorporate them into a new phonogram that contains a new work: here's  an example   in which Italian hip hop artist Mondo Marcio realized an entire album, where each track samples (with a licence) from iconic 1960s singer  Mina . It has to be said that, in the immediate aftermath of its release, commentators appeared rather disappointed with the Opinion, which recommends the CJEU to rule that unlicensed sampling may be a copyright infringement. Having now had a chan...