Copyright laws should enable cultural practices that require the use and/or remix of parts of protected materials in accordance with fair practice, such as the use of protected works (e.g. historical or incidental footage) by documentary filmmakers for informational and illustrative purposes. Europe needs a new mandatory exception to copyright and other exclusive rights that allows anyone to build upon existing protected works for creative purposes, in accordance with fair practice. Where such uses take place in a commercial context they should be subject to remuneration.
Last week Germany’s highest court, the Bundesgerichtshof (BGH), for the 2nd time in less than a decade referred questions related to the Metall auf Metall case to the European Court of Justice. This time the BGH is asking the CJEU to explain the concept of pastiche so that it can determine if the use of […]
On the 28th of April, we hosted the second COMMUNIA Salon of 2022 to discuss the implications of the CJEU judgment in Case C-401/19, which rejected the request of the Polish government to annul Article 17 and confirmed that this provision can be reconciled with the right to freedom of expression provided that certain users […]
