Case Law: Duchess of Sussex v Associated Newspapers, Allegations of wrongdoing struck out as irrelevant, complex and costly – Mathilde Groppo

12 05 2020

On 24 April 2020, Mr Justice Warby heard a pre-trial application in the case of HRH The Duchess of Sussex v Associated Newspapers Limited, in which the Defendant sought to have parts of the Claimant’s Particulars of Claim and of the corresponding parts of her Responses to the Defendant’s Requests for Further Information struck out. Read the rest of this entry »





Holding Google to Account: France Takes a Stand – Hugh Stephens

22 04 2020

The French Competition Bureau (l’Autorité de la Concurrence) struck a strong blow in the global effort to hold Google to account under national laws when it issued an order on April 9 requiring Google to negotiate with French press publishers and news providers regarding licensing fees for news content appearing in Google search listings in France. Read the rest of this entry »





Mail on Sunday’s Meghan Markle Defence: A Study in Poverty, Part 1 – Paul Wragg

22 01 2020

Having read through the Defence which was recently filed by Associated Newspapers Ltd (“ANL”) in the case brought by Meghan Markle I was surprised to see it describe aspects of the Duchess of Sussex’s claim as ‘confused and incoherent’ (para 17) and other parts as ‘irrelevant’. Read the rest of this entry »





Meghan Markle letter: what the law says about the press, privacy and the public’s right to know – Hayleigh Bosher

6 10 2019

The Duke and Duchess of Sussex have announced plans to sue the publisher of the Mail on Sunday Associated Newspapers, after they published a private letter from Meghan to her father earlier this year. Read the rest of this entry »





The EU is trying to protect your memes: but it’s a battle against humourless algorithms – Sabine Jacques

23 03 2019

File 20190312 86696 e28unj.png?ixlib=rb 1.1

The European parliament will vote at the end of March 2019 on a proposal to reform EU copyright law. Under this proposal, online platforms arguably have to introduce technological filters to tackle copyright infringements. This will be of particular interest to people who make satirical memes or parodies based on online content such as art or films, much of which is subject to copyright protection. Read the rest of this entry »





Entering the Era of Internet Accountability: The Implications for Copyright – Hugh Stephens

7 11 2018

I recently had the honour to be invited to give a guest lecture to the Copyright Society of Australia in Sydney. My talk focussed on how the Internet has evolved over the past twenty years, leading to a severe imbalance between Internet platforms and the creative community because of the abuse and misuse of safe harbours, and how recent events have put the big platforms in the spotlight—indeed in the crosshairs of the public and politicians. Read the rest of this entry »





Opening the Book on Open Media – Hugh Stephens

5 10 2018

In a blog last week I talked about the role of Open Media in trying to undermine the democratic process and manipulate political opinion by orchestrating widespread anti-copyright astroturfing campaigns in Canada and elsewhere. Read the rest of this entry »





Why tech giants have little to lose (and lots to win) from new EU copyright law – Maurizio Borghi

20 09 2018

File 20180919 158243 roiwue.jpg?ixlib=rb 1.1The new European Union Copyright Directive, passed recently by the European parliament after a vociferous campaign both for and against, has been described by its advocates as Europe striking a blow against US tech giants in the battle for control of copyrighted content online. Read the rest of this entry »





United States: Copyright and Artificial Intelligence – Ed Klaris and Alexia Bedat

24 10 2017

A photographer whose camera was used by a monkey to take a selfie recently settled a two-year legal battle against an animal rights group about copyright over the image.  The lower court had denied the monkey a copyright, but the parties decided to settle before facing the appeals court. Read the rest of this entry »





Case Law, Luxembourg: Deckmyn v Vandersteen, Court broadens concept of parody, and returns the hot potatoes to the national court – Dirk Voorhoof and Inger Høedt-Rasmussen

8 09 2014

image1The case of Deckmyn v Vandersteen (Case C-201/13) on parody considers a set of questions related to the right to freedom of expression conflicting with copyright, and the impact of the Information Society (Infosoc) Directive 2001/29.  In particular, it raises the question whether the parody exception must be given an autonomous and uniform interpretation throughout the European Union, despite the optional nature of the parody exception mentioned in Article 5(3)(k) of the Directive 2001/29.

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