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online

Overview page. Subjects: Computing.

When a computer or a user is directly connected into a network and is capable of interacting with it, for example by querying the contents of a database.

See overview in Oxford Index

Does listening to music excerpts online amount to fair dealing?

Emir Aly Crowne-Mohammed and Yonatan Rozenszajn.

in Journal of Intellectual Property Law & Practice

September 2010; p ublished online July 2010 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 759 words.

In Canada the Federal Court of Appeal agrees with the Copyright Board that the fair dealing exception relating to ‘research’ is broad enough to cover 30-second ‘previews’ of songs online.

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Collecting societies collide over pan-European online music licensing

Kristof Neefs.

in Journal of Intellectual Property Law & Practice

December 2008; p ublished online October 2008 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1101 words.

A Dutch interim injunction judge grants a preliminary injunction prohibiting copyright collecting society BUMA from concluding pan-European licences for the online sale of the music...

Three strikes law: a least cost solution to rampant online piracy

Charn Wing Wan.

in Journal of Intellectual Property Law & Practice

April 2010; p ublished online April 2010 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 10862 words.

Legal context

The prohibitively high cost of civil litigation is inefficient against millions of online infringers; it is virtually impossible to stop online...

Copyright in newspaper headlines and online media monitoring services

Patrick Charnley.

in Journal of Intellectual Property Law & Practice

May 2011; p ublished online May 2011 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1529 words.

The Newspaper Licensing Agency (“NLA”) and others have succeeded in establishing that copyright may subsist in the headlines of newspaper articles. The High Court found that recipients of...

‘Communication to the public’ and online retransmission of programmes

Josephine Curry.

in Journal of Intellectual Property Law & Practice

August 2013; p ublished online June 2013 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1472 words.

The Court of Justice of the European Union (CJEU) has ruled, in response to a reference by the High Court, England and Wales, that the concept of ‘communication to the public’ within the...

Copyright and freedom of expression in the online world

Graham Smith.

in Journal of Intellectual Property Law & Practice

February 2010; p ublished online February 2010 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 6276 words.

Legal context.

Courts are increasingly recognizing that fundamental rights of freedom of expression, such as enshrined in Article 10 of the European...

The challenge of the criminalization of online piracy in Hong Kong

Charn Wing Wan.

in Journal of Intellectual Property Law & Practice

October 2008; p ublished online August 2008 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 5687 words.

Legal context

The Hong Kong Court of Final Appeal in the landmark case of Chan Nai Ming (better known as the Big Crook), who is probably the first person in...

Collective solutions for cultural collections online: Search and select!

Robin Kerremans, Katleen Janssen and Peggy Valcke.

in Journal of Intellectual Property Law & Practice

September 2011; p ublished online July 2011 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 9814 words.

Legal context

In the digital era cultural institutions, such as libraries, museums and archives, face new opportunities, but also new challenges. While...

The online advertising free-riding free-for-all

Darren Meale.

in Journal of Intellectual Property Law & Practice

December 2008; p ublished online October 2008 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 6805 words.

Legal context

The article reviews the case law in the USA, France, Germany, and the UK; on the use of third party trade marks to trigger the display of...

Perfetti v Rakuten: A Kyosaku—a wake-up stick against online marketplace operators

John A. Tessensohn.

in Journal of Intellectual Property Law & Practice

August 2013; p ublished online August 2013 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 12723 words.

John Tessensohn is an IP lawyer and Board Member, SHUSAKU YAMAMOTO, Osaka, Japan.

In a game changing breakthrough, the Intellectual Property High Court of Japan (IPHCJ) decision...

Is it really just a game? Copyright and online role-playing games

Yee Fen Lim.

in Journal of Intellectual Property Law & Practice

June 2006; p ublished online May 2006 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 7557 words.

Legal context. Massively multiplayer online role-playing games (MMORPGs) are a craze that has swept the globe. Online gamers have been reported to spend ∼22 hours per week...

Brussels I Regulation and online copyright infringement: ‘intention to target’ approach rejected

Eleonora Rosati.

in Journal of Intellectual Property Law & Practice

January 2014; p ublished online January 2014 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1177 words.

Article 5(3) of Council Regulation 44/2001 (the ‘Brussels I Regulation’) must be interpreted as meaning that, in the context of an action for alleged copyright infringement brought...

Online copyright exhaustion in a post-Allposters world

Eleonora Rosati.

in Journal of Intellectual Property Law & Practice

September 2015; p ublished online July 2015 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 7523 words.

Article 4(2) of Directive 2001/29 (the InfoSoc Directive) provides that the authorized first sale of a work within the territory of the European Union (EU) exhausts the right of the...

On secondary infringement and beyond: the future of online copyright law

Eleonora Rosati.

in Journal of Intellectual Property Law & Practice

April 2010; p ublished online April 2010 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1602 words.

Online service provider's liability for the activities of its users

Darren Meale.

in Journal of Intellectual Property Law & Practice

July 2010; p ublished online July 2010 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1246 words.

The High Court for England and Wales has found a Usenet indexing and search service liable (both primarily and secondarily) for infringements of copyright committed by its users which have...

Copyright violations in caching of website content and online contract formation

Lothar Determann and Irene Gutierrez.

in Journal of Intellectual Property Law & Practice

September 2008; p ublished online July 2008 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1207 words.

Copying of Ticketmaster website content beyond limits permitted by terms of use and circumvention of access control features constituted violations of the Copyright Act and the Digital...

‘It's the Ad text, stupid’: cryptic answers won't establish legal certainty for online advertisers

Stephan Ott and Maximilian Schubert.

in Journal of Intellectual Property Law & Practice

January 2011; p ublished online November 2010 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 6961 words.

Legal context

Within hours of publication of the eagerly awaited ECJ decision on keyword advertising, commentators began critically analysing it,...

L'Oréal v eBay: a warning to online marketplace operators

Joel Smith and Joanna Silver.

in Journal of Intellectual Property Law & Practice

November 2011; p ublished online August 2011 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1880 words.

The Court of Justice of the European Union (‘ECJ’) has provided clarification on the liability of companies operating internet marketplaces for trade mark infringement committed by users,...

Online uploads by the Trade Marks Registry: Indian High Court rejects constructive notice approach

Arpan Banerjee.

in Journal of Intellectual Property Law & Practice

July 2013; p ublished online May 2013 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1027 words.

The Bombay High Court rules on the meaning of the expression ‘date of communication’ in the context of receiving examination reports from the Indian Trade Marks Registry.

Civil liability of virtual marketplaces in Argentina for the sale of counterfeits

Pablo A. Palazzi and Marco Rizzo Jurado.

in Journal of Intellectual Property Law & Practice

October 2015; p ublished online August 2015 .

Journal Article. Subjects: Arbitration; Intellectual Property Law. 1344 words.

The Federal Courts of Appeal on Civil and Commercial Matters recently ruled on online marketplace liability for trade mark infringements by third parties. In both cases, the Courts of...