Some legislative proposals raise considerable controversy beyond the national territory in which they are issued. The Stop Online Piracy Act (SOPA), a bill that is currently pending in the US House of Representatives, is one clear example of such a proposal. Aimed at fighting unauthorized trafficking of copyrighted content in the online environment, the proposed…

The Tribunal of Rome has rejected the appeal brought by Reti Televisive Italiane (RTI, Mediaset Group) and Endemol, respectively the broadcaster and the producer of the Mediaset TV program “Baila!”, against the first instance decision in the urgent proceeding for provisional measures of the same court, holding that the program was an unauthorized copy of…

This sentence summarizes quite well the decision of the Antwerp Court of Appeal of 26 September 2011 which it is abstracted from. The Belgian Anti-piracy Federation filed a cease and desist action against Telenet and Belgacom, two Belgian ISPs, in order to make them block The Pirate Bay’s websites in their respective networks. In first…

In this post, I would like to come back to an interesting decision of the Belgian Cour de Cassation of 7 October 2010, which confirmed that a cease and desist action could be successfully sought against a copyright licensee. As usual, the Supreme Court’s decision is quite concise and does not extensively detail the facts….

In a recently announced Memorandum of Understanding (MoU) with music and film industry associations, U.S. Internet service providers (ISPs) have agreed to take voluntary action against online piracy. In essence, the MoU establishes a multi-stage model (“graduated response”) that begins with email alerts, and which may end up with bandwidth reductions or limitations in web…

UK: ITV Broadcasting Ltd v TV Catchup Ltd High Court of England and Wales (Patents Court), 18 July 2011 Live-streaming: In a case on internet live-streaming retransmission of TV broadcasts and films, the High Court ruled that the introduction in the UK Copyright Act of a general right of communication to the public with respect…

On July 6, 2011 the Italian Communications Authority (AGCOM) approved the “Draft regulation regarding copyright protection on the electronic communications networks”, currently subject to a 60-day public consultation. As mentioned in my previous posts, AGCOM’s proposal of new rules for the protection of copyright in Internet and audiovisual media services was heavily criticized because of…

UK:  Lucasfilm Ltd & Ors v Ainsworth & Anor, Supreme Court, 27 july 2011. Helmets and harmours created for the characters of the Imperial Stormtrooper in the film Star Wars are not “sculptures”, and therefore are not copyrightable subject matter within the Copyright, Designs and Patents Act 1988. Nevertheless, a claim for infringement of a…

A Committe set up by the Danish Government has recently proposed concrete initiatives to strengthen the enforcement of copyright on the Internet. The Committee identified four primary focus areas: enforcement of copyright on the Internet, legal business models, increased consumer awareness and sending information letters. In addition, the Committe rejects so-called compensation models according to…