Recent CJEU case law on communication to the public and its application in Germany: A new EU concept of liability

2018 ◽  
Vol 13 (9) ◽  
pp. 744-756
Author(s):  
Jan Bernd Nordemann
Keyword(s):  
Case Law ◽  
Communication To The Public ◽  
The Public

The Direct Liability of Intermediaries

2020 ◽  
pp. 334-348
Author(s):  
Eleonora Rosati
Keyword(s):  
Case Law ◽  
Communication To The Public ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
The Right ◽  
Secondary Liability ◽  
Direct Primary ◽  
Pirate Bay ◽  
User Activities

This chapter discusses one of the most relevant developments in respect of online intermediaries, that is their direct (primary)—rather than just secondary—liability in relation to user activities, including user-uploaded content. The Court of Justice of the European Union (CJEU) has expressly envisaged the possibility of direct liability for copyright infringement in the context of its increasingly expansive case law on the right of communication to the public within Article 3(1) of Directive 2001/29, including the 2017 decision in C-610/15 Stichting Brein (The Pirate Bay case). This chapter explains how the CJEU has come to consider the possibility of direct liability of intermediaries in relation to user activities and undertakes a reflection on the implications of said approach, also including the possibility of extending the reasoning in Stichting Brein to less egregious scenarios than the Pirate Bay.

scholarly journals Introducing New Guidelines on Geoheritage Conservation in Protected and Conserved Areas

Geoheritage ◽  
2021 ◽  
Vol 13 (2) ◽  
Author(s):  
Roger Crofts ◽  
Dan Tormey ◽  
John E. Gordon
Keyword(s):  
Practice Guidelines ◽  
Best Practice ◽  
Communication To The Public ◽  
The Public ◽  
Best Practice Guidelines ◽  
The World ◽  
New Guidelines ◽  
The Many ◽  
Ethical Basis ◽  
Improve Practice

AbstractThis paper introduces newly published guidelines on geoheritage conservation in protected and conserved areas within the “IUCN WCPA Best Practice Guidelines” series. It explains the need for the guidelines and outlines the ethical basis of geoheritage values and geoconservation principles as the fundamental framework within which to advance geoheritage conservation. Best practice in establishing and managing protected and conserved areas for geoconservation is described with examples from around the world. Particular emphasis is given to the methodology and practice for dealing with the many threats to geoheritage, highlighting in particular how to improve practice for areas with caves and karst, glacial and periglacial, and volcanic features and processes, and for palaeontology and mineral sites. Guidance to improve education and communication to the public through modern and conventional means is also highlighted as a key stage in delivering effective geoconservation. A request is made to geoconservation experts to continue to share best practice examples of developing methodologies and best practice in management to guide non-experts in their work. Finally, a number of suggestions are made on how geoconservation can be further promoted.

WARNER MUSIC UK LTD v TUNEIN INC (No. 2)

2019 ◽  
Vol 136 (12) ◽  
pp. 834-846
Author(s):  
Keyword(s):  
Copyright Infringement ◽  
Communication To The Public ◽  
Sound Recordings ◽  
The Public ◽  
Internet Radio ◽  
Commercial Importance ◽  
General Terms ◽  
Injunctive Relief ◽  
Services Use

Abstract H1 Copyright – Infringement – Sound recordings – Internet radio services – Use of hyperlinks – Communication to the public – Scope and effect of finding on liability – Relief – Whether injunctive relief in general terms appropriate – Whether injunctive relief and any damages inquiry should be limited to specific instances of liability established at trial – Proportionality – Stay of injunction pending appeal – Costs – Relevance of commercial importance of particular issues

NON-DISCRIMINATORY TRADE RESTRICTIONS AFTER KECK

2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
Alan Dashwood
Keyword(s):  
Case Law ◽  
Sales Promotion ◽  
Trade Restrictions ◽  
Member States ◽  
The Public ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
The One ◽  
Domestic Products ◽  
By Products

IN its Keck judgment—famous or notorious according to taste—the Court of Justice drew a distinction, for the purposes of the application of the prohibition in Article 28 EC against measures having equivalent effect to quantitative restrictions (“MEEQRs”), between two categories of national measures. On the one hand were “product requirements”: measures specifying requirements to be met, in order to obtain access to the market of a Member State, by products coming from other Member States where they are lawfully manufactured and marketed, like the minimum alcohol requirement for fruit liqueurs in Cassis de Dijon (Case 120/78 [1997] E.C.R. 649). Such product requirements are liable to constitute MEEQRs, and therefore require specific justification, in order to escape prohibition, on one of the public interest grounds recognised by Community law. On the other hand was the category of measures described in the judgment as “provisions restricting or prohibiting certain selling arrangements”. An example was the legislation at issue in the main proceedings in Keck, which prohibited the resale of products below their purchase price, thereby depriving retailers of a form of sales promotion. Other examples, attested by the case law post-Keck, are measures regulating advertising methods, the kind of shop in which goods of a certain description can be sold, shops’ opening hours and Sunday trading. National provisions in this latter category are not normally such as to hinder trade between Member States under the test formulated by the Court in Dassonville (Case 8/74 [1974] E.C.R. 837, at para. 5), and so do not call for justification; not, that is, “so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States”: see Joined Cases C-267 and 268/9 [1993] E.C.R. I-6097, at paras. 15–17.

Uniform Defamation Laws in Australia: Moving towards a More ‘Reasonable’ Privilege?

2011 ◽  
Vol 138 (1) ◽  
pp. 9-20
Author(s):  
Rhonda Breit
Keyword(s):  
Mass Media ◽  
Public Interest ◽  
Case Law ◽  
Current Approach ◽  
The Public

A new uniform defamation regime now operates in Australia. This article canvasses the Uniform Defamation Laws (UDLs), focusing on the defence of qualified privilege and its capacity to protect mass media publications in the public interest. Drawing on case law and analysis of the key approaches to statutory privilege, the article evaluates the current approach to statutory qualified privilege. Taking account of observations in O'Hara v Sims (2008, 2009) about the operation of qualified privilege, it questions whether the UDL statutory qualified privilege will ultimately censor publications in the public interest and restrict the application of the qualified privilege defence.

Defining 'Housing Developer' and 'Housing Development' under Malaysian Housing Law

2010 ◽  
Author(s):  
Nuarrual Hilal Md Dahlan ◽  
Abdul Rani Kamaruddin
Keyword(s):  
Local Government ◽  
Case Law ◽  
Housing Development ◽  
The Public ◽  
Development Control

The words housing developer and housing development have been defined in section 3 of the Housing Development (Control and Licensing) Act 1966 (the Act). These statutory definitions have severally been discussed and examined by the courts in several case law and it has been contended that the meanings of the definitions are too loose,enigmatic and vague. The certitude on the meaning of housing developer and housing development is a must for otherwise, it would be difficult for the Ministry of Housing and Local Government (MHLG) and as well as to the public to identify persons deemed to be housing developers or carrying out housing development. It is perceived that not all persons, who have literally been called as housing developers, or carrying out housingdevelopments activities fall within the intended legal and statutory definitions of the Act. Thus they are not requiredto abide by the provisions of the Act. Conversely, persons who may have been initially deemed not to have undertakenactivities of housing developer or carrying out housing development, yet based on the principles adopted and defined in section 3 of the Act and the judgments in the case law, have rendered them not to have fallen into the meaning of housing developers and/or carrying out housing development and thus are subject to the provisions and obligations provided in the Act. Again, based on examinations over these definitions, it is found that the definitions of housing developer and housing development as spelt out in section 3 and surprisingly from the principles enunciated in the case law, the meaning of housing developer and housing development are still uncertain and open to various interpretations.

FOTOGRAFI SEBAGAI MEDIA POLITIK DI INDONESIA

2021 ◽  
Vol 1 (1) ◽  
pp. 67
Author(s):  
Mohammad Solihin
Keyword(s):  
Political Communication ◽  
Visual Communication ◽  
Presidential Elections ◽  
Visual Media ◽  
Communication To The Public ◽  
Literature Study ◽  
The Public ◽  
Message Effects ◽  
Self Image ◽  
The Media

ABSTRACTPhotography is one of the media used to introduce the character or self-image of politicians during regional head elections, or presidential elections. Among them are by displaying photos of faces or campaign activities for APK (Campaign Props) billboards, namely billboards or billboards installed on protocol roads that can be seen by the public, pamphlets, mass media, and etc. Visual media in the form of photos has a very big influence on public opinion. Photography has a visual power that is able to construct the authenticity of factual events. The purpose of this study is to find out how the process of making photography a political visual communication medium in Indonesia. The method used is descriptive qualitative with an approach through the literature study method. The results of this study can be concluded that the process of making photography a political medium of visual communication to the public is carried out in several ways, namely by recruiting special photographers themselves, designing them, and distributing them. The effect of the message generated from a photography with a good appearance is the effect of knowledge and effect of information.Keywords:  Photography, Political Media, Visual Communication, Message Effects, Political Communication.  ABSTRAKFotografi merupakan salah satu media yang digunakan untuk mengenalkan karakter atau citra diri politisi saat pemilihan kepala daerah, ataupun pemilihan presiden. Diantaranya dengan memajang foto-foto wajah atau kegiatan kampanye untuk baliho APK (Alat Peraga Kampanye) yakni papan reklame atau billboard yang dipasang di jalan-jalan protokol yang bisa dilihat oleh masyarakat luas, pamflet, media massa, dan sebagainya. Media visual berupa foto sangat besar pengaruhnya mempengaruhi opini publik. Fotografi memiliki kekuatan visual yang mampu mengkonstruksi keotentikan peristiwa faktual. Tujuan dari penelitian ini untuk mengetahui bagaimana proses menjadikan fotografi sebagai media komunikasi visual politik di Indonesia. Metode yang digunakan deskriptif kualitatif dengan pendekatan melalui metode studi literatur. Hasil dari penelitian ini dapat disimpulkan bahwa proses menjadikan fotografi sebagai media politik komunikasi visual kepada masyarakat dilakukan dengan beberapa cara, yakni dengan merekrut khusus fotografer sendiri, mendesainnya, dan menyebarkannya. Efek pesan yang ditimbulkan dari sebuah fotografi dengan tampilan yang baik adalah efek pengetahuan dan efek informasi.Kata Kunci: Fotografi, Media Politik, Komunikasi Visual, Efek Pesan, Komunikasi Politik.

scholarly journals The Right to Public Information. Selected Interpretation Doubts in the Doctrine and Jurisprudence of Administrative Courts

2020 ◽  
Vol 29 (1) ◽  
pp. 129
Author(s):  
Dominik J. Kościuk ◽  
Justyna Kulikowska-Kulesza
Keyword(s):  
Public Information ◽  
Case Law ◽  
Access To Information ◽  
Information Bulletin ◽  
The Public ◽  
Disclosure Of Information ◽  
Disclosure Rules ◽  
Administrative Courts ◽  
The Right ◽  
Made In

<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>

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