A full summary of this case has been published on Kluwer IP Law. The Court of Appeal of Lisbon confirmed that it is mandatory to have a licence and to pay for performing broadcast works to clients via TV sets in hotel rooms as this constitutes communication of the works to the public. To make…

A full summary of this case has been published on Kluwer IP Law. The Court of Appeal of Lisbon held that the violation of the right to publish a work post mortem, against the will of the author or of his/her heirs, is a serious and irreparable infringement of the author’s moral rights and provides…

In an in-depth analysis for the European Parliament, the author has looked at liability of online service providers with regard to infringements concerning copyright protected content. In particular, the paper tries to answer the question of whether regulatory action is needed in relation to the liability of online service providers for copyright protected content. The…

A full summary of this case has been published on Kluwer IP Law. The Court of Appeal confirmed that playing phonograms in a night club requires authorisation from and payment to the relevant right holders (performers and artists). On the question of damages, the Court confirmed that the award of punitive-like damages should be limited…

A full summary of this case has been published on Kluwer IP Law. In this case, the Supreme Court of Estonia analyses the concept of the “hypothetical licence fee” under the Estonian Copyright Act, in accordance with Article 13(1)b) of the EU Enforcement Directive. The court is of the opinion that the “hypothetical licence fee”…

The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the…

The legal battle over who has the copyright claim to the pictures taken by a monkey has finally come to an end. The monkey self-portrait (“selfie”) dispute is a series of much discussed legal proceedings concerning photos taken in 2011 by a crested black macaque, Naruto, using equipment belonging to a British tourist (David Slater)…

Introduction On 30 June 2017, the German “Bundestag” adopted the “Act to Align Copyright Law with the Current Demands of the Knowledge-based Society” (“Urheberrechts-Wissensgesellschafts-Gesetz- UrhWissG”). It essentially reforms the terms of use of copyright protected works in the fields of education and research and will come into force on 1 March 2018. This new Act…

Decision of the German Bundesgerichtshof of April 27, 2017, file no. I ZR 247/15: “AIDA Kussmund” (“AIDA Kissmouth”) In “AIDA Kissmouth”, the German Bundesgerichtshof (“BGH”), Germany’s highest civil court, ruled on the interpretation of the “works in public places” exception pursuant to § 59 (1) German Copyright Act that implements Art. 5 (3) lit. h Directive 29/2001…

Introduction and background Case C-265/16, VCAST, concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. In his opinion of 7 September 2017 (discussed here), Advocate General (AG) Szpunar proposed a mixed answer to…