“The Supreme Court puts an end to a French oddity and makes the business of music synchronisation safer. (…) The Supreme Court took the opportunity to settle two major issues in French neighbouring rights: (1) a collective management organisation may only take action for the defence of its own members; (2) the collective agreements entered…

“The viewer will not experience it as real and will even consider it to be weird, amateurish or even ridiculous.” In a case about the use of the ‘house style’ of the Dutch police, the summary proceedings judge  District Court Amsterdam ruled this week that the Dutch State has to give permission to the producer…

“The law does not allow for additional protection of the maker of a work against so-called slavish imitation of a style or of elements of style.” Supreme Court of the Netherlands, 29 March 2013 (Duijsens/Broeren).    Although the legal concept of coat-tail riding is usually associated with trademark law, it is certainly not unfamiliar to copyright law….

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…

Last week, the European Court of Justice ruled in a preliminary ruling that live streaming of television channels is a ‘communication to the public’ within the meaning of the EU Copyright Directive (Directive 2001/29). Therefore, the website TVCatchup, a free streaming service that offers over fifty channels of UK television on computers, smartphones and other…

The European Copyright Society, a group of prominent European scholars, today issued an opinion on the Svensson case (Case C-466/12), which is currently before the European Court of Justice. The case, which was referred to the Court by the Swedish Court of Appeal (Svea hovrätt) on 18 October 2012, raises the important question whether setting…

“In the absence of any claim from the phonogram producer, or its assigns, the natural or legal person who publicly, peacefully and unambiguously exploits recordings, is deemed to be the holder of the rights in the recordings as regards third parties against whom an infringement case is brought.” The French Intellectual Property Code deals with…

The CJEU states that Article 15(6) of Directive 2010/13/EU on short news reports is compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union. On 22 January 2013 the Court of Justice of the European Union handed down a decision on the compatibility of Article 15(6) of Directive 2010/13/EU…

On 15 January 2013, the French Constitutional Council declared unconstitutional Article 6, paragraph II, of the law on private copying levy (Law No. 2011-1898). This provision retroactively validated private copying levies that had been paid or claimed based on rates annulled by the French Council of State. To fully understand the ruling of the Constitutional…

The usefulness of a computer program is not sufficient to characterise the originality of the program. There is nothing more subjective, and often arbitrary and unfair, than the notion on which copyright protection is based: originality. Under French law, the Intellectual Property Code protects “the rights of authors in all works of the mind, whatever…