A full summary of this case has been published on Kluwer IP Law In this case, the Supreme Court of Estonia analyses the concept of the “hypothetical licence fee” under the Estonian Copyright Act, in accordance with Article 13(1)b) of the EU Enforcement Directive. The court is of the opinion that the “hypothetical licence fee”…

The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the…

The legal battle over who has the copyright claim to the pictures taken by a monkey has finally come to an end. The monkey self-portrait (“selfie”) dispute is a series of much discussed legal proceedings concerning photos taken in 2011 by a crested black macaque, Naruto, using equipment belonging to a British tourist (David Slater)…

A jewelry designer’s “Buddha’s Kiss” earring was entitled only to “thin” copyright protection because there were a limited number of ways to design an earring containing the work’s single protectable idea—a teardrop-shaped earring incorporating the henna symbol for the word “kiss” and the shape of the Buddha—the U.S. Court of Appeals in San Francisco has…

Whether taste constitutes protectable subject-matter under EU copyright law is one of the questions which the CJEU will have to answer in the near future. Indeed, the Dutch Court of Appeals of Arnhem-Leeuwarden has, in the course of an appeal procedure (only available in Dutch), turned to the CJEU for a preliminary ruling on the…

During the last decade, Australia has seen a number of copyright reviews that have recommended various copyright reforms, some more extensive than others. To mention some of the most important: in 2014, the Australia Law Reform Commission recommended the adoption of fair use into Australian copyright law. In 2016, the Productivity Commission’s Report on Intellectual…

The federal district court in Oakland did not err in rejecting conversion of intellectual property and other claims brought by the sons of late rock-and-roll concert-promoter Bill Graham against the executor of their father’s estate and the current owners of copyrights and a trademark previously owned by Graham’s company, the U.S. Court of Appeals in…

Introduction On 30 June 2017, the German “Bundestag” adopted the “Act to Align Copyright Law with the Current Demands of the Knowledge-based Society” (“Urheberrechts-Wissensgesellschafts-Gesetz- UrhWissG”). It essentially reforms the terms of use of copyright protected works in the fields of education and research and will come into force on 1 March 2018. This new Act…

Decision of the German Bundesgerichtshof of April 27, 2017, file no. I ZR 247/15: “AIDA Kussmund” (“AIDA Kissmouth”) In “AIDA Kissmouth”, the German Bundesgerichtshof (“BGH”), Germany’s highest civil court, ruled on the interpretation of the “works in public places” exception pursuant to § 59 (1) German Copyright Act that implements Art. 5 (3) lit. h Directive 29/2001…

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2018 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was a busy one in the copyright world, with a number of landmark CJEU decisions,…