Infringement

Case Law, Exceptions and Limitations, Infringement, Making available (right of), Reproduction (right of), Sweden

, (Lindahl)/ /1 Comment

Question referred to the Supreme Court by Stockholm District Court in a case between Bildupphovsrätt i Sverige ek.för. (BUS) vs Wikimedia Sverige (Case nr Ö 849-15) On 4th April 2016 the Supreme Court handed down its decision in a case between Bildupphovsrätt i Sverige (BUS) and Wikimedia Sverige. The question referred to the Supreme Court…

Communication (right of), European Union, Exceptions and Limitations, Infringement, Legislative process, Liability, Making available (right of), Reproduction (right of)

(Geistwert)/ /Leave a comment

When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new technologies and their business cases. The process for obtaining legal certainty may take some time, especially with regard to computer related technology: e.g., whilst…

Case Law, Communication (right of), Digital Single Market, European Union, Germany, Infringement

(NORDEMANN)/ /Leave a comment

A. Introduction and Background In copyright law the term ‘communication to the public’ marks the boundary between use which has a copyright law relevance and use which does not. The interpretation of the term within EU member states is based on various EU directives. Of note however, is that the term communication to the public…

AG Opinion, Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Infringement

(Maastricht University)/ /Leave a comment

On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian data-storage website. Users could then click on the following link, which would open a window that contained the button “DOWNLOAD NOW”. By…

Case Law, CJEU, European Union, Infringement, Remedies, Spain

(Elzaburu)/ /Leave a comment

IN CASES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COMPENSATION FOR MORAL DAMAGES IS COMPATIBLE WITH PECUNIARY DAMAGES CALCULATED ON THE BASIS OF “HYPOTHETICAL ROYALTIES”.  Judgment of the CJEU of 17 March 2016 in Liffers, C-99/15 BACKGROUND This CJEU decision stems from legal proceedings brought in Spain by Mr. Liffers, the director, screenwriter and producer of…

AG Opinion, Case Law, CJEU, Enforcement, European Union, Germany, Infringement, Injunction, Liability, Remedies

(CIPIL, University of Cambridge)/ /Leave a comment

On 16 March 2016 the CJEU’s Advocate General Szpunar handed down his Opinion in case C-484/14, Mc Fadden. The case concerns the liability of Tobias Mc Fadden, the owner of a business selling lighting and sound systems in Munich. Mr Mc Fadden operates a Wi-Fi hotspot on the business’ premises, deliberately left unprotected by a…

Case Law, Fair Use, Infringement, Liability, Remedies, United Kingdom

, (Bristows LLP)/ /Leave a comment

The English High Court found that an App which allows users to upload, share and view 8 second clips of cricket matches and other sporting events (on a near-live basis) infringed the copyright in the television broadcasts of those matches, and the films made during the course of the production of those broadcasts. England And…

Case Law, Communication (right of), Database right, Infringement, United Kingdom

(Bristows LLP)/ /Leave a comment

By Jeremy Blum and Sarah Watson, Bristows Ultrasoft Technologies Limited v Hubcreate Limited [2016] EWHC 544 (IPEC) On 16th February 2016 the Intellectual Property Enterprise Court (Hacon HHJ) handed down judgment in the copyright and database right dispute between software competitors Ultrasoft and Hubcreate. The case does not cite a single other judgment regarding the…

Bulgaria, Case Law, Infringement, Liability

(Institute of Private International Law)/ /Leave a comment

The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work. It is not necessary to refer to additional statutory rules, because “uses in any other manner” as one of the forms of unauthorised use is…

Collective management, Infringement, Legislative process, Remuneration (equitable), Slovakia

(London School of Economics)/ /Leave a comment

By Martin Husovec, Tilburg University and Matej Gera, CIPPM, Bournemouth University This a continuation of our recent blogpost: “Slovakia adopts a new Copyright Act: It’s a Mixed Bag – Part I”. In the first part, we discussed the amended threshold for the protection of subject matter, exceptions and limitations and explained changes that have been…