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When does freedom of speech trump copyright?

Feb 14. 2013
06:02
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© Rene Flueger / CTK Photobank

ByCharles SwanCopyright is a property right and therefore a human right protected under Article 1 of the First Protocol of the European Convention on Human Rights. Is the right to property a more or less important card in the human rights pack than the Article 10 right to freedom of expression?

The Ashby Donald v France decision last month in the European Court of Human Rights in Strasbourg reminds us that copyright is, at least in theory, an open platform. Copyright law strikes its own balance between an author’s right to property and the public’s right to information, but copyright is by its nature an interference with the right to freedom of expression. Copyright decisions by European courts are open to scrutiny by the ECHR.

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CEPIC Issues

From Arrow to Arrow PLUS

Sep 28. 2011
05:09
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sylviefodor
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ReelDealDH filmed the ARROW PLUS presentation at the Stakeholder Meeting of CEPIC on 20 May 2011.

ARROW, How it continues. The novelties of ARROW PLUS. Why ARROW PLUS?

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Extended Collective Licensing Arrangements And Their Practicability For Dealing With OW

Jun 15. 2009
12:06
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This is a background paper to the MILE-CEPIC Workshop on "ORPHAN WORKS IN PRACTICE" which was held in Dresden, 05 June 2009. The paper has been written by Dr. Mihály Ficsor, Hungarian Copyright Council and former Assistant Director General of WIPO.

Excerpt:

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CEPIC Workshop: Orphan Works in Practice

Jun 15. 2009
12:06
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CEPIC
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This is a report from the CEPIC-MILE Workshop on "ORPHAN WORKS IN PRACTICE" held in Dresden, 05 June 2009. The report has been written by Angela Murphy, Consultant, Image Management, Metadata and Rights.

Excerpt:

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CEPIC Interactive Seminar: Getting Our Message Across Anti-Copyright Waters

Jun 15. 2009
12:06
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CEPIC
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This is a report from the CEPIC Interactive Seminar "Creative Industries: Getting Our Message Across Anti-Copyright Waters" which was held in Dresden, 05 June 2009. The report has been written by Angela Murphy, Consultant, Image Management, Metadata and Rights.

Excerpt:

CEPIC started its seminars off this year with a hard-hitting and informative seminar about one of the greatest challenges facing our industry today – the increasing incidence of copyright infringement and the difficulties faced by those seeking to combat this in today’s technology-led world.

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The Situation Of Orphan Works in the EU

Oct 30. 2008
01:10
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CEPIC
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This is a presentation at the PACA International Conference in New York, 26 October 2008 by Sylvie Fodor, CEPIC Executive Director.

Excerpt:

On Friday September 26th 2008 the disputed Orphan Works bill passed the Senate in the USA. Orphan Works (OW) are copyrighted works, where the copyright owner cannot be tracked down : the new legislation would enable users to reproduce works after “diligent search” but without facing the huge damages provided by US copyright law.

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Up-date On Orphan Works Legislation In The USA

Jun 15. 2008
12:06
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CEPIC
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This is a report on the CEPIC seminar "Up-date On Orphan Works Legislation In The USA and Europe" held in Malta, June 2008. The report has been written by Franck Perrier, consultant New Media.

Excerpt:

How would you consider an issue which is closely looked at by Google? Did you know that Corbis and Getty dedicate resources to work on that issue as it relates to images without any photographer’s credit? Were you aware that, for the past 3 years, CEPIC and many picture associations met, drafted proposals, recommended legislation on Orphan Works?

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Checking Privacy Issues: The Intrusion of Privacy - Focus on France and the UK

Jun 15. 2008
12:06
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CEPIC
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These two case studies were presented at the CEPIC Congress 2008 Malta: "The Intrusion Of Privacy" by Rupert Grey and "The Evolution Of French Jurisprudence" by Prof Theo Hassler. The "Summary Of Seminar" has been written by Franck Perrier.

These case studies show that France and the UK have gotten closer into their appreciation of the bondaries between the right to privacy v. the right to information. "The landscape of privacy in the UK is undergoing what promises to be a seismic change" tells us Rupert Grey, while Prof. Theo Hassler points to the most recent legal cases in France providing for three major exceptions in stringent French privacy right ("droit à l'image").

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WIPO Update

Jun 15. 2008
12:06
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CEPIC
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This is an update on WIPO (World Intellectual Property Organization) which has been published in the ITI Directory 2008. The article has been written by Sylvie Fodor.

Excerpt:

WIPO is an international forum for the defense of Intellectual Property since 1967. Head quartered in Geneva as a specialised agency of the United Nations, WIPO was created with the purpose to “encourage creativity and to promote the protection of intellectual property”.

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The Year In Review: News From The States, 2007 - 2008

Jun 15. 2008
12:06
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This article has been published in the ITI Directory 2008 by Nancy E. Wolff, PACA Legal Counsel, Cowan, DeBaets, Abrahams & Sheppard LLC.

Excerpt:

Since we met last June in Florence [2007], the United States Congress has been quiet, at least with respect to amending the Copyright Act. This may change soon. This February [2008], the staff at the Copyright Office
briefed the congressional staffers who are responsible for drafting copyright laws on the status of Orphan Works legislation. While the Copyright Office and Congress hope to pass some sort of orphan works (or unlocatable copyright owner) legislation this session, 2008 is an election year.

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