This post was first published on the new Kluwer Regulating for Globalization Blog. On September 14, 2017, the EU Court of Justice issued a preliminary ruling in Case C-177/16, Akka-Laa, on excessive pricing in the collective management of copyright licences. In 2013, the Latvian Competition Council fined Akka-Laa for abusing its dominance by imposing too…

Introduction and background Case C-265/16, VCAST, concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. In his opinion of 7 September 2017 (discussed here), Advocate General (AG) Szpunar proposed a mixed answer to…

Have you ever given an idea to a friend, who then weaved that idea into their work? Did you feel that you should be recognised for your idea being included even though what you contributed was rather high level? Two weeks ago, in the UK judgment Nicholas Martin v Julia Kogan [2017] EWHC 2927 (IPEC),…

The Austrian Supreme Court has recently shed some light on the requirements for the admissible quotation of photos (judgment of 26 September 2017, 4Ob81/17s). In this case, a photographer had taken photos of a poacher who was killed in 1982. The competent collecting society sued a private TV-broadcasting station for their unauthorised use of one…

A full summary of this case has been published on Kluwer IP Law In this case the Supreme Court of Estonia analyses the legal issues involved in providing internet marketing services via Facebook and Google Adwords platforms. The court emphasises that the information, which was created during the performance of the contract of services, is…

A full summary of this case has been published on Kluwer IP Law The French Supreme Court held that the costs relating to the blocking measures ordered by the courts are strictly necessary for the preservation of the intellectual property rights and that the courts may order the internet service providers and search engine providers…

A full summary of this case has been published on Kluwer IP Law The CJEU held that the concept of ‘lending’, within the meaning of Article 1(1), Article 2(1)(b) and Article 6(1) of Directive 2006/115/EC, covers the lending of a digital copy of a book where the lending is carried out by placing the copy…

A full summary of this case has been published on Kluwer IP Law The Polish Supreme Court held that the creative (original) nature of a work protected by copyright may manifest itself in the creative, new and simplified combination of known elements e.g. insurance products. The condition of individuality of such a work will be…

On 7 September 2017, AG Szpunar delivered his opinion on Case C-265/16, VCAST. The case concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. AG Szpunar’s proposed answer was a mixed one: while…

Following an interlocutory question from the French Council of State, in a dispute concerning the legality of the decree of 27 February 2013 on the application of the law of 1 March 2012 on the digitisation of out-of-print books of the 20th century, the Court of Justice of the European Union (Case C-301-15) rightfully stated that…