Important ruling by Dutch Supreme Court on cable retransmission, film copyright and collective management of rights Guest blog by Prof. Dr D.J.G. Visser, Institute for Private Law, Leiden University  “This could well mean that several Dutch collecting societies, in particular those representing actors, screenwriters and directors (Norma, Lira and Vevam) can no longer claim remuneration…

Last week the European Parliament adopted a resolution on private copying levies. The initiative for the motion came from Ms Francoise Castex MEP (Socialists and Democrats). The European Parliament believes that “the private copying system is a virtuous system that balances the right to copying for private use with fair remuneration to rightholders, and that it is…

By Valentina Moscon, Scholarship holder at the Max Planck Institute & University of Trento The Italian Parliament recently approved a new law concerning the valorization of culture (Law of October 7, 2013, n. 112, G.U. n. 236, 8.10.2013). The law includes, in section 4, a regulation for Open Access (OA) to scientific publications. With this new…

ECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. The criminal conviction of the co-founders of The Pirate Bay for infringement of copyright does not violate…

“However, in none of the studied countries, e-lending activities rely on a statutory copyright or lending right exception.” By Kelly Breemen and Vicky Breemen, Institute for Information Law, Amsterdam (IViR). Public libraries in various countries are increasingly involved in e-lending practices. Thus far, these practices are largely based on contractual agreements between the parties concerned…

ECtHR (5th section), 10 January 2013, case of Ashby Donald and others v. France, Appl. nr. 36769/08. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. “Although the European Court did not find a violation of Article 10 in the case of Ashby Donald and others v. France, the judgment in this case…

By Raquel Xalabarder, Universitat Oberta de Catalunya “This ruling is very good news for the recent doctrinal attempts to bring some flexibility in the way copyright laws are being interpreted and applied.  It is difficult to predict the impact that this ruling may have in successive case law, but it is certainly an important milestone…

by Linda Scales, solicitor, Dublin. A copyright controversy has been raging in Ireland this week. The SOPA/PIPA debate fuelled fears that an unpublished piece of secondary legislation would provide a regime similar to that proposed in the US. The Irish instrument was labelled “Ireland’s SOPA”, even though no one knew what the document contained. In…