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Full-Text Articles in Comparative and Foreign Law
Pushing Back On Stricter Copyright Isp Liability Rules, Pamela Samuelson
Pushing Back On Stricter Copyright Isp Liability Rules, Pamela Samuelson
Michigan Technology Law Review
For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale.
Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and …
Digitizing Scent And Flavor: A Copyright Perspective, Amara Lopez
Digitizing Scent And Flavor: A Copyright Perspective, Amara Lopez
Michigan Technology Law Review
Should the flavor of a cheese fall under copyright protection? The Court of Justice of the European Union recently confronted this question in Levola Hengelo BV v. Smilde Foods. Although the court ultimately denied protection, its reasoning opened many doors for those seeking intellectual property protection for scents and flavors. The court implied that it was the subjective nature of a cheese flavor that bars it from enjoying the protection copyright affords, which begs the question of what would happen if there were a sufficiently objective way to describe a flavor.
Recent developments in technology have led to the digitization …