The U.S. Court of Appeals in San Francisco has vacated in part a district court’s judgment after a jury trial in favor of the defendants and remanded for a new trial in a copyright infringement suit alleging that Led Zeppelin and members of the band copied the classic rock hit “Stairway to Heaven” from the…

The right of distribution is the least controversial of the three exclusive rights contained in the Information Society Directive (InfoSoc Directive). Yet, every now and then the Court of Justice of the European Union (CJEU) is asked to re-examine its scope. With far less interpretative imagination compared with the right of communication to the public,…

The novel “The Light Between Oceans” and a major motion picture based on it did not infringe a complaining author’s copyright in an unproduced screenplay, the U.S. Court of Appeals in New York City has decided. The Second Circuit affirmed a district court’s determination that, as a matter of law, the novel and film were…

A full summary of this case has been published on Kluwer IP Law. The Patent and Market Court of Appeal upheld the first instance Court’s judgment, confirming that a motorboat could be protected by copyright as a work of applied art, and that this copyright had been infringed by the defendant. The Court also confirmed…

A full summary of this case has been published on Kluwer IP Law. Estonian Authors’ Society (EAÜ), a collecting society that administers local and foreign authors’ economic rights in Estonia, sued SIA ADEONA, a Latvian music concert organizer, who organized a public concert in Estonia without acquiring a license for the public performance nor paying…

A full summary of this case has been published on Kluwer IP Law. The Court reached the conclusion that since the cumulative criteria that formed the necessary condition for assessing “communication to the public” were not fulfilled, there was no communication of sound recordings to the public when a car rental company rented out rental…

As discussed in Part I of this blogpost, the CJEU in Renckhoff was called, once again, to analyse the application of copyright in relation to the use of copyright-protected works on the Internet. The Renckhoff judgment is, therefore, another addition to the complex European copyright case law construction. To date, the often tailor-made jurisprudential solutions…

Since July 22, 2018, a new mechanism for calculation of the amount of statutory damages has become effective in Ukraine. From now on a court should determine damages based on the license fee the infringer would have paid to obtain the rightsholder’s permission. The old method for calculating statutory damages, namely “choosing” from the range…

The delimitation of the proper boundaries of lawful use of copyright-protected works on the Internet has always been puzzling for courts, which in some instances have creatively interpreted the copyright acquis in order to take account of the particularities of the digital ecosystem. In this context, the CJEU in Usedsoft (C-128/11) adopted for the first…

In May, the ECS held their annual summit in Brussels, under the title “EU copyright, quo vadis? From the EU copyright package to the challenges of Artificial Intelligence.” The summit covered many of the hot topics on today’s copyright agenda, including the proposed directive on Copyright in the Digital Single Market. This post, however, focuses…