The document delivery service of ETH Zurich (scanning individual articles and sending them by email to the users) is covered by the exception for private use (Art. 19 CopA), as a person entitled to make copies of a work for private use (Art. 19 al. 1 CopA) may also have them made by libraries and…

The Court rejected B’s application to establish his authorship of a film as a legal fact.  Under Copyright Law no registration or other formalities are required to enjoy copyright protection. It follows that a person owns copyright upon creating a work and there are no special documents certifying the authorship. Therefore a court cannot turn into a…

In a battle between the Zurich Eidgenössischen Technischen Hochschule (ETH) and three publishers (Elsevier, Springer, Thieme), the Zurich Commercial Court, in its decision of 7 April 2014, prohibited the library from providing a document delivery service (scanning and sending journal articles by email to the users). The Supreme Court reversed this ruling, in its decision…

“With the decision in case C-114/12, the Court is now placing emphasis on the hypotheticals by holding that the mere possibility of an international agreement impacting the EU acquis is enough to rule out Member States’ intervention, making the EU exclusively competent to conclude this type of agreement.” On 4 September 2014, the Court of…

“What has not been clarified though is the aspect of unfair competition.” On 21st of October 2014 the Court of Justice of the European Union delivered its order in a preliminary ruling procedure (C-348/13), which was referred to the CJEU by the German Federal Court of Justice (BGH) in May 2013.  As yet, only the…

“What the Court did not consider though, is that the outcome of the application of the 3-step test to the digitisation of each individual work for the purposes of making it available for research and private study purposes may conflict with the absolute prohibition of digitising the entire collection.” Judgment CJEU of 11 September 2014,…

“The answers from Luxembourg were much awaited not only due to the questions being interesting as such, but also because academia, the European Commission and the CJEU do not see eye to eye on these currently highly debated issues.” In response to questions lodged by a Czech court (Krajský soud v Plzni) in a preliminary…

“This would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make.” In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the…