2019. November 20., Wednesday

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Fourth WIPS on copyright limitations and exceptions

The Institute of Comparative Law and Legal Theory of the University of Szeged, Faculty of Law and Political Sciences organized the fourth Workshop on Intellectual Property Rights in Szeged (WIPS). This year’s event was dedicated to the concept of limitations and exceptions in copyright law.

The event provided a comprehensive analysis of copyright limitations and exceptions. Presenters discussed various aspects of the ongoing debate related to musical samples, fundamental rights v. copyright, and the copyright issues in the digital single market. The event also focused on external questions related to this field: broader human rights perspectives, the concept of misuse, public v. private interests.

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The event was structured as follows: panel one discussed the debated role and the depth of fundamental rights in copyright law. The panel, chaired by John Cross (University of Louisville, USA), started with the presentation of Simon Apel (SZA Schilling, Zutt & Anschütz and University of Mannheim, Germany), who introduced the procedural history of the Metall auf Metall case (originating from Germany), and its future prospects, with a special focus on conflicts of fundamental rights argumentation of the German Constitutional Court and the Opinion of Advocate General Szpunar. The topic offered the starting point for Bernd Justin Jütte (University of Nottingham, United Kingdom) and Caterina Sgange (Sant’Anna University, Pisa, Italy) analyse in details the most recent fundamental rights related copyright cases of the CJEU, namely the Spiegel Online, the Funke Medien and Pelham cases. Matej Myska (Masaryk University, Brno, the Czech Republic) provided an insight into his research on the analysis of CJEU case law, related to fundamental rights, as well as issues like the autonomous concepts of EU law. Finally, Gergely Békés (Békés Law Firm, Budapest, Hungary) discussed what a "performer" might mean in a 21st century environment, and how copyright law might need to react on the challenges artificial intelligence or CGI represent.

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The second panel – chaired by Péter Mezei (University of Szeged) – was dedicated to modern copyright questions, as well as future trends in (European) copyright law. Clemens Appl (Danube University of Krems, Austria) introduced the newly accepted text- and data mining exception of the Copyright in the Digital Single Market Directive. Andrea Katalin Tóth (Hungarian Intellectual Property Office and ELTE University, Budapest, Hungary) provided a general, but deep introduction to the whole structure of the newly accepted directive. Tito Rendas (Catholic University of Portugal, Lisbon) introduced his research on the possibilities (in fact, pros and cons) related to a CJEU-made fair use test. Philipp Homar (Danube University of Krems, Austria) analysed the remuneration rights, and the conflicts deriving from the inconsistent domestic implementation of the rules of InfoSoc-Directive. Finally, Iony Randrianirina (Lyon Catholic University, France) has provided a colourful insight into the copyright challenges of works created by artificial intelligence.

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The third panel – chaired by Clemens Appl – started with John Cross’ arguments on how and why the doctrine of misuse might be eliminated from the copyright system of the USA. Luis-Javier Capote Pérez (University of La Laguna, Spain) discussed the public and private limits to IP rights with a special focus on Spanish case law on moral rights and public interests. Péter Mezei provided an insight into the concept of de minimis under US law, and how it is used in musical sampling cases by the US federal courts; and whether it shall be applicable in a European environment as well. Last, but not least, P. Blaise Bess (NZP NAGY LEGAL, Germany) discussed how human rights might apply in a business environment.