Database Protection Explained: Understanding “Sui Generis” Rights
The EU’s sui generis rights provide unique protection for databases based on substantial investment in their creation and maintenance. Unlike traditional copyright, this protection focuses on the database's structure and organization, rather than the data itself. However, it is limited to jurisdictions with similar protections, such as the EU, and does not extend globally.
The Institution of Mixity: How the EU and Member States Navigate Shared Competences in International Agreements
The "institution of mixity" allows the EU and its member states to jointly sign international agreements in areas of shared competence, like trade and environmental policies. This system ensures both EU-wide and national interests are represented. While it enables comprehensive agreements, it also creates complexities in ratification and enforcement. Despite these challenges, mixity is essential for balancing EU authority with member states' sovereignty in global negotiations.
Do Photographers Own the Exclusive Rights to Their Portraits? A Dive into the “Painer Case” and EU Copyright Law
The C-145/10 Painer case clarified that photographers have exclusive rights over their portraits, as long as the photograph reflects their creative choices. The European Court of Justice ruled that a photograph can be copyrighted if it shows personal intellectual creation. This decision strengthens photographers' control over their work and limits the use of their images by media outlets without permission, even for news reporting.
The EU's Limited Authority Over 'Golden Visa' Programs: Legal Implications and Indirect Influence
Golden visa and passport programs allow non-EU citizens to gain residency or citizenship through investment, but they raise legal challenges within the EU. While the EU cannot directly regulate these programs due to national sovereignty, it influences them indirectly through policies like anti-money laundering and tax information exchange.