International copyright Part 2

How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
Connor Moran
Washington Journal of Law, Technology & Arts
Volume 6, Issue 3, Winter 2011 p.247

The recent case Infopaq International A/S v. Danske Dagblades Forening decided by the Court of Justice for the European Union could influence businesses that summarize or aggregate content. Under this ruling, excerpts of copyrighted material unproblematic in the United States could invite liability if reproduced in European Union member states. In the United States, copying words or phrases only infringes a copyright where those words or phrases are particularly unique or core to the original work. By contrast, the European Union Information Society Directive provides an exclusive right to even partial reproductions. In the Infopaq case, the European Court of Justice read the Directive to apply to eleven-word sentence fragments so long as those fragments demonstrated the author’s intellectual creation. This article will examine the standards for copyright infringement of small sections of text in the United States and European Union after Infopaq.

The Newspaper Licensing Agency Ltd v Meltwater Holdings BV [2010] EWCH 3099
ANDREW HOBSON; PAUL JOSEPH
Entertainment Law Review
Volume 22, Issue 3, 2011 p.101

This case looks at first reading to be a significant case for copyright law in the United Kingdom. Its significance actually lies in the fact that it demonstrates a worrying internal inconsistency in its application of the law relating to infringement by partial copying. It is also important in that it seeks to apply in the UK the European Court of Justice’s 2009 decision in Infopaq International v Danske Dagblades Forening [2010] FSR 495 Case No. C-5/08 to similar facts.

Legal Issues Pertaining to the Restoration and Reconstitution of Manuscripts, Sheet Music, Paintings and Films for Marketing Purposes
PAUL TORREMANS
European Intellectual Property Review
Volume 33, Issue 3, 2011 p.178

Restoration and reconstitution of copyright works raise a number of important issues both in the substantive law of copyright and in Private International Law . This article looks at these issues against the background of the Hyperion case, which turned on the concepts of originality and subsistence, and other similar cases such as the Dead Sea Scrolls case. The latter also introduces the Private International Law issues to the debate.

Colonial Copyright, Postcolonial Publics: The Berne Convention and the 1967 SLaw Journal / Law Reviewkholm Diplomatic Conference Revisited
Eva Hemmungs Wirtén
SCRIPTed: a Journal of Law, Technology & Society
Volume 7, Issue 3, 2010 p.532-550

In the annals of International copyright history-by and large synonymous with the Berne Union and the Berne Convention for the Protection of Literary and Artistic Works-translation occupies a contested space. At the end of the nineteenth century, as the nascent Convention tried to come to terms with the legal ramifications of translation and the way it challenged the perceived stability of the work, translation also acted as a conduit for geopolitical tensions between producer/user-nations. A conflict native to the Convention, the dichotomy between export/import and developed/developing nations returned with a vengeance during the calamitous SLaw Journal / Law Reviewkholm Revision Conference in 1967. In the following, I revisit this critical juncture in international copyright history to consider the divergent claims and counter-claims relating to translation and the dissemination of knowledge. The purpose of this essay is to contribute to a historically informed understanding of current processes surrounding the construction, dissemination and control of knowledge, as they materialise, for instance, in the WIPO Development Agenda.

EXAMINING COPYRIGHT EXEMPTIONS FOR WEB MASHUPS IN THE INTERNATIONAL CONTEXT: APPLYING AMERICAN CONSTITUTIONAL CONSIDERATIONS AS GUIDEPOSTS FOR THE TRIPS THREE-STEP TEST
James De Los Reyes
Hastings Constitutional Law Quarterly
Volume 38, Number 2, Winter 2011 p.473

Author: international

Mentioned in these Entries

Berne Convention, International copyright, Private International Law.