Jurisdiction

Belgium, Case Law, Collective management, Communication (right of), Digital Single Market, Making available (right of)

(CRIDS)/ /Leave a comment

On the 13th March 2015, the President of the Brussels French speaking Court of First Instance pronounced a judgment to the detriment of Sabam, an important collective management organisation in Belgium. In 2011 Sabam decided to claim a fee from Internet access providers in exchange for a licence which allows these providers to communicate copyright…

European Union, Exceptions and Limitations, Legislative process

(Maastricht University)/ /Leave a comment

Back in April 2014, following the Council’s authorization, the EU signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (“Marrakesh Treaty”). Under the Treaty, parties are to adopt copyright exceptions to facilitate access to formats of works accessible to persons who are blind,…

Case Law, Infringement, USA

/ /Leave a comment

A podiatric medical practice and its principal could not bring a copyright infringement claim against a billing company for unauthorized use of the practice’s medical data, including office procedures, patient information, and operational rules, because the data at issue had not been registered with the Copyright Office, the U.S. Court of Appeals in Cincinnati has…

Case Law, France, Legislative process, Remedies

(REALEX)/ /Leave a comment

In this judgment, the French Supreme administrative Court, the Conseil d’Etat, confirms the validity of a decision taken on 9 February 2012 by the Commission in charge of setting the compensation for private copying. This decision adopted the new tariffs applicable for recording media subject to the remuneration for private copying, including portable media players,…

Case Law, Collective management, Estonia, Infringement, Remedies

(Palladium Attorneys at Law)/ /Leave a comment

In its recent judgment in EAÜ v MTÜ Safari Seiklused (the “Safari” case), the Estonian court held that where a person has signed a licence agreement with an authors’ collecting society, with the intention of using the rights of authors commercially for a public performance, they must unquestioningly fulfil all of the terms of that…

Legislative process, Netherlands, Ownership, Transfer (of right)

(Schulich School of Law )/ /Leave a comment

Echos from the Dutch legal and scientific communities indicate that opinions widely diverge on the topic of the imperative character of proposed article 25 fa) of the Dutch Copyright Act in situations bearing an international dimension. As discussed in my previous blogpost, this new provision would give authors of short works of science for which…

European Union, Exceptions and Limitations, Legislative process

(Schulich School of Law )/ /Leave a comment

Benjamin Gibert’s report for the Lisbon Council entitled ‘The 2015 Intellectual Property and Economic Growth Index: Measuring the Impact of Exceptions and Limitations in Copyright on Growth, Jobs and Prosperity’ raised eyebrows in The Netherlands. Not that the conclusion that ‘countries that employ a broadly “flexible” regime of exceptions in copyright also see higher rates…

France, Legislative process, Netherlands, Remuneration (equitable), USA

(Columbia University School of Law)/ /Leave a comment

This article was originally published on the Media Institute website – see here.  It is reproduced here with the kind permission of the author. In a previous column for the Media Institute (Feb. 17, 2015), I urged that any copyright reform legislation that emerges from the preparations for “the next great copyright act” should ensure both…

Exceptions and Limitations, Legislative process, Making available (right of), Netherlands, Ownership, Transfer (of right)

(Schulich School of Law )/ /Leave a comment

The Netherlands Organisation for Scientific Research (NWO), the main public funding agency in the country, has been enforcing already for a few years an Open Access (OA) policy for the dissemination of the results of the research that it finances (both publications and data). The NWO does not mandate a specific form of OA: Green…

Case Law, CJEU, European Union, Infringement, United Kingdom

(Bristows LLP)/ /Leave a comment

In a decision that could have serious implications for websites providing real time streaming of free to air broadcasts, the English Court of Appeal has recently handed down its Judgment in the case of ITV Broadcasting Limited and others v TV Catchup Limited and others [2015] EWCA Civ 204.  The outcome is that the action…