Infringement

Case Law, Enforcement, Infringement, Liability, Remedies, Spain

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On 5 March 2015, the Spanish National High Court convicted the administrators of the website Youkioske of an aggravated intellectual property offence and of promoting and establishing a criminal organisation.  The judgment can be deemed ‘historic’ since it is the first time that the operators of a downloads site have faced a penalty of this…

Enforcement, Infringement, Legislative process, Remedies, Russia

(Institute for Information Law (IViR))/ /Leave a comment

On 1 May 2015 a new, second, ‘anti-piracy’ law [1] will take effect in Russia. This law amends the provisions on preliminary interim blocking injunctions for intermediaries introduced by the first anti-piracy law, which took effect on 1 August 2013. In the opinion of this blogger, the new law, like its predecessor, will barely affect…

Austria, Case Law, Enforcement, Infringement, Remedies

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On June 24, 2014, the Austrian Supreme Court ruled that the Austrian internet service provider UPC Telekabel Wien GmbH must block access to copyright infringing websites.  The Supreme Court noted that, in accordance with the ruling of the Court of Justice of the European Union in Case C-314/12, such an injunction leaves its addressee to determine the specific measures to…

Case Law, Infringement, USA

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Please click here to find US copyright cases from the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case. Recently added from our US IP Law Daily service: Gaylord v. U.S., United States Court of Appeals, Federal Circuit, No. 2014-5020, 4 February…

Case Law, Collective management, Enforcement, France, Infringement

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In this judgment, the French Supreme Court ruled that an author who is a member of a collecting society may not take action in infringement cases to protect his economic rights, except in the case of a deficiency on the part of said collecting society. In the same judgment, the Supreme Court ruled that publishing…

Case Law, Communication (right of), Czech Republic, Enforcement, Infringement

(Advokátní kancelář Kříž a partneři s.r.o. )/ /Leave a comment

In a case concerning the use of a radio set in a small bike shop, the Constitutional Court ruled that in order to assess whether a user is making a communication to the public, the situation of the specific user and of all the persons to whom he communicates the protected works must be assessed. A…

Case Law, Denmark, Enforcement, Infringement, Remedies

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The first Danish court decision on blocking an infringing website selling replica products was issued on December 11, 2014. It was the Danish Maritime and Commercial High Court that issued the ruling, which orders Danish Internet Service Providers (ISPs) to block access to the online store, Interior Addict. Interior Addict is a website which illegally…

Communication (right of), European Union, Infringement, Reproduction (right of), Software

(Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles)/ /Leave a comment

The book “The Variable Scope of the Exclusive Economic Rights in Copyright” recently published in Kluwer’s Information Law Series is the result of my doctoral research (which led to a doctoral dissertation defended at Vrije Universiteit Brussel in 2011).  This article provides an overview of the research described in the book, followed by a more…

Case Law, Collective management, France, Infringement

(REALEX)/ /Leave a comment

Article L.321-1 paragraph 2 of the French Intellectual Property Code (‘IPC’) provides that collecting societies are entitled to take legal action to defend the rights for which they are responsible under their articles of association (by-laws). Collecting societies may therefore take legal action to defend their repertoires and those of foreign collecting societies that they…

Authorship, Case Law, Digital Single Market, European Union, Germany, Infringement, Jurisdiction, Making available (right of)

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /Leave a comment

“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…