In France, search engines using thumbnails are likely to infringe on copyright. On 8 April 2014, a French Senator proposed a Bill to establish compulsory collective management for the reproduction of photographs and images by search engine services. Thumbnails are reduced-size versions of photographs and images, used by search engines such as Google Images in…

Can an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer? Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for the benefit of the author of an original work of art. This resale right is ‘defined as an inalienable right, which cannot be…

The Supreme Court maintains its position in a case concerning a Lancôme perfume, stating that ‘copyright only protects creations in their tangible form, so far as this form is identifiable with sufficient precision to permit its communication; whereas the fragrance of a perfume … is not a form that has this characteristic, and therefore cannot…

“For the ECJ, in the meaning of Article 5(3) of the Regulation 44/2001, a harmful event may arise from the possibility of obtaining a reproduction of a work from an internet site accessible within the jurisdiction of the court seised.” In its judgement Pinckney v. KDG Mediatech AG of 3 October 2013 (case C-170/12), the…

“Civil proceedings for infringement of copyright are barred after 5 years from the day the holder of a right knew or should have known of the facts necessary to exercise his right.” In a judgement of 3 July 2013, the French Supreme Court clarifies the time limit for taking action to obtain damages for copyright…

The right to exploit a recording “in the form of a phonogram published for commercial purposes”, includes the right to exploit it not only in the form of a tangible medium, such as a vinyl record or a CD, but also in the form of a downloadable digital file. The judgement of 11 September 2013…

“The Supreme Court considers that the participants in the reality TV program had no role to play and that there was no text. They were simply asked to be themselves and express their reactions to the situations they faced. The artificial nature of these situations was not enough to give them the quality of actors.”…

“The law of the country where protection is sought governs all matters relating to the exercise and enjoyment of copyright, including the determination of the rights holder.” Article 5(2) of the Berne Convention for the Protection of Literary and Artistic Works provides that “The enjoyment and the exercise of these rights shall not be subject…