Monthly Archives: October 2016

The battle between intellectual commons and intellectual property

By putting forward an essential distinction between intellectual property and intellectual commons, this article questions whether personality rights, considered as being part of intellectual commons, should be protected by intellectual property. […]

2017-04-26T01:59:56+01:00October 27th, 2016|Non classé, We share|

The Lex Mercatoria: an open door to legal insecurity?

 According to mercatorists, the lex mercatoria is a set of international commercial norms, with the particularity that the legal rules composing the instrument are autonomous and independent from the State. Therefore, the regime of applicability of the lex mercatoria bears witness to the independence of the law merchant from any influence of the State. […]

2017-04-26T01:59:56+01:00October 24th, 2016|Non classé, We share|

Intellectual property theories: are they fairly justified?

The fact that the exclusive right permits the creator to forbid the others from using his work is the main source of conflict. This part will question whether this restriction is fairly justified. […]

2017-04-26T01:59:56+01:00October 19th, 2016|Non classé, We like, We share|

Should service providers be held liable for online copyright infringements?

Liability of social media in online copyright infringement As regards social media, it appears clearly that the principle behind any social media is to distribute user content to others. Whilst social media strongly encourage to share as much as possible, their terms of service simultaneously discourage it in a likely attempt to protect the social media from liability.  Whilst Facebook promotes the option “sharing”, Tweeter promotes the button “retweet”, Pinterest promote the option “re-pin”, the same websites require refraining from posting image without the owner’s permission. Spot the deliberate mistake. […]

2017-04-26T01:59:57+01:00October 12th, 2016|Non classé, We share|

Is Pinterest illegal regarding copyright law?

What is Pinterest? Pinterest, launched in 2010, is a virtual pinboard designed to “organize and share all the beautiful things you find on the web”. This social network consists in two things: ‘Pin’ images on a pinboards and ‘Re-pin’ or comment from other pinboards. The pictures being pinned are taken from a variety of sources on the web, and are therefore generally not owned by the ‘pinner’. […]

2017-04-26T01:59:57+01:00October 5th, 2016|Non classé, We share|

The Instagram Controversy: A victory for copyright?

The success of Instagram Instagram is a social network based on the sharing of pictures. Released in 2010, Instagram consists in posting photographs from one’s phone through an application. This application functions almost entirely on a mobile platform and links to social medias (Facebook, Twitter, and Tumblr), facilitating the sharing of images on other platforms. […]

2017-04-26T01:59:57+01:00October 3rd, 2016|Non classé, We share|