On 12 September 2019, the CJEU held that according to article 2(a) of Directive 2001/29 (the InfoSoc Directive), Member States’ copyright laws can no longer protect models (in other words works of applied art or designs) on the ground that, beyond their utilitarian purpose, they generate a distinctive and significant visual effect from an aesthetic…

Almost a decade after the first complaint was lodged, the judgment in the Series Yonkis case was delivered by the Murcia Criminal Court in June. This case is considered to be the most important court case to date in relation to downloads of content protected by intellectual property rights in Spain. For 7 years (from…

In a recent UK High Court decision Charlotte Tilbury was able to claim artistic copyright in two designs subsisting in its Starlight Palette make-up palette and successfully prove infringement by Aldi and its lookalike palette. In a rare move for infringements of this nature, the court gave summary judgment on the view that Aldi had…

German Federal Supreme Court’s decisions of 21 February 2019 (ref.: I ZR 98/17, I ZR 99/17 and I ZR 15/18) Protection of moral rights in Germany, in particular the right to prohibit distortion of the work Moral rights derived from copyright are not harmonized within the European Union. Rather, every EU member state has developed…

This October one year will have passed since the legal acts transposing the provisions of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled became applicable in EU Member States. Regulation 2017/1563 on the cross-border exchange between the Union and third countries of accessible…

In the consolidated claims of Mircom & GoldenEye v Virgin Media, the claimants sought court orders from the UK court requiring Virgin Media to disclose the names and addresses of tens of thousands of its broadband subscribers who, the claimants say, had unlawfully downloaded pornographic films. The claimants required the individuals’ names and addresses in order…

Introduction and background Most internet pages are put together from different elements and can include text, pictures or videos which are originally displayed on websites and stored on servers of third parties. Visitors to the internet page usually cannot distinguish between content that is stored on servers controlled by the webpage owner and that stored…

Part I of this blogpost was dedicated to the background which led to Articles 8-11 of the CDSM and to the concept of out of commerce works. Part II critically overviews the core of the mechanisms established by the Directive. The dual regime of the Directive The crux of the provisions certainly lies in the…

In Part I of this two-part post on Chapter 3 of the new Copyright Directive, I argued that Articles 18-23 were well-intentioned. It is now up to Member States to send clear signals of support to their creative community by not rendering these provisions ineffective. In addition, while there is ample opportunity to harmonise creator-protective…

In this Estonian case the court analysed whether a photo model can be regarded as the joint author of the (copyrightable) photograph in which she poses. The court stated clearly that merely posing for a picture did not automatically create any copyright for the photo model. In order to acquire copyright to a photograph, the…