On 26 April 2022, the ECJ ruled in Case C-401/19 that the disputed Art. 17(4)(b) and Art. 17(4)(c) last sentence of Directive (EU) 2019/790. c, last sentence, of Directive (EU) 2019/790, which regulates the use of so-called upload filters and which Poland sought to have annulled, does not violate the right to freedom of expression …
Tag: Copyright
International Women’s Day: #BreakTheBias copyrighted?
International Women’s Day is just around the corner. On 8th March of each year, women around the world are celebrated and paid tribute to the struggle and emancipation of women. What is Women’s Day? The holiday finds its roots in the early 20th century before the beginning of the First World War. At that time, …
Geo-blocking and copyright
The Anne Frank manuscripts case: Geo-blocking is a suitable means of safeguarding copyright The highly topical case in the Netherlands shows that copyright protection in the digital age still raises questions whose answers are not always clear. In the preliminary decision of the Amsterdam Law Bank of 01 February 2022 (Ref.: C/13/710961 /KG ZA 21-1010), …
The algorithm of creation, is artificial intelligence an artist per se?
How are the works “created” by artificial intelligence protected in the face of the new resolutions adopted by the European Parliament? From Deepmind, an English company owned by Google, which has created a program capable of composing music without assistance, to Dreamwriter, a Chinese algorithm that became a victim to plagiarism in 2019, the contribution …
Enforcement of Intellectual Property Rights in The Netherlands
With your company, you successfully and carefully create value with your intellectual property for years to come. The purpose of this article is to point out to you, as the owner of intellectual property rights (such as trademarks, copyrights, designs and patents) in the Netherlands, the possibilities of enforcing these rights and of combating infringement. …
Street Art: copyright law is on the street!
The development of street art in the last few decades has led to more elaborate forms of the early graffiti movement, including spray paintings, mosaics, and installations in public spaces by renowned artists like Banksy. From a legal perspective, this begs the question as to what rights do these works of art possess if they …
Copyright dispute on uploading screenshots in China
Copyright Dispute on whether an act of uploading Posters, Snapshots and Screenshots of films on an information-sharing platform for comments and exchange among Internet users constitutes fair use regulated in Article 22 of Copyright law. Douban is an information-sharing platform for Internet users to comment on and exchange about films and TV series. “On this …
Inspiration or plagiarism? A warning to artists and to art dealers
Walking in Milan during the Art Week you probably come up against the Venice gate’s bastions wholly wrapped up with hundreds of hessian fabrics. The mind will go to Christo who, since the later sixties, wrap up famous monuments around the world. However, the author of the packing, in this case, is Ibrahim Mahama, a …
The First Case of the Beijing Internet Court
On October 30th, 2018, the recent Beijing Internet Court heard its first case on copyright ownership and infringement, “Tik Tok Video” vs. “HuoPai Video”. The case was filed on September 11th, 2018 by ByteDance, the parent company of Tik Tok, who initiated the lawsuit against the video platform HuoPai by Baidu Technologies. ByteDance contends that …
Russia: A New Future For Fashion?
As of June 26th 2019, the Russian Federation will begin to enforce a newly-adopted bill expanding its legal protections to industrial designs under the “amendments to Part IV of the Civil Code”, most notably for the fashion industry. In an effort to emulate the European Union’s robust protections for fashion designers and brands, Russia has …