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General rules on direct and indirect liability for copyright infringement instead of Art. 13

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Kat gap As the debate around the draft Directive on copyright in the Digital Single Market continues to unfold [Katposts here ] , The IPKat is happy to publish the following contribution by  Ansgar Ohly  and  Matthias Leistner  (both LMU München) concerning their proposal – which will be hosted in full on the Journal of Intellectual Property Law & Practice   (JIPLP) – concerning Article 13, that is the value gap (or transfer of value) proposal. Here’s what Ansgar and Matthias write: After lengthy discussion in the Council and in the European Parliament, the proposed Directive on Copyright in the Digital Single Market ( 2016/0280(COD) ) has now entered the trilogue. The most recent meeting took place on 26 November. Two more meetings are planned until the end of the year, and the ambitious goal is to reach a result by January 2019. Much of the discussion in Parliament as well as in the media has been about the proposed Art. 13, which concerns the liability of...

Never too late! if you missed the IPKat last week!

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Catch-up with the latest developments in IP, with the 200th edition of Never Too Late! This week's highlights include a report on algorithmic fashion and a perspective on the KitKat shape-mark case.  GuestKat Mirko Brüß reports on the latest referral from the German Federal Court of Justice (FCJ) to the CJEU, on the questions of platform liability and the right of communication to the public. The case, which has been going on since 2009, concerns a lawsuit between the music producer Frank Peterson and YouTube (and Google). Peterson is seeking damages from YouTube and Google because certain videos remained available on YouTube, even after Peterson had asked the platform to remove the content:  BREAKING: FCJ refers case regarding YouTube’s liability for damages to the CJEU . Kat Eleonora Rosati   explores the growing trend for fashion houses to produce garments that consumers already want, so called "algorithmic fashion". Eleonora considers how this is achiev...