On the 1st October 2014, the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014 came into force in the UK.1 Licensing bodies and collecting societies already operate within the UK, providing rights management and licensing services for their rightsholder members across a range of sectors including publishing, art and design, music and…
“In addition to the requirement of written form, any transaction or notice aiming at the relinquishment of copyright and thus releasing the work into the public domain further requires the notarization of the written form as a condition of validity.” Under Chapter IV of Law No: 5846 (1) on Intellectual and Artistic Works, the Turkish legal system (2) …
By Kluwer Law International Kluwer Law International is looking for an Associate Editor for the Kluwer Copyright Blog (the blog you are reading now) and for our Landmark EU Copyright Cases project. The Associate Editor will report directly to the editorial team at Kluwer Law International, and will work closely with the Editor-in-chief, Dr. Lucie…
“With respect to the current stunted reform, the new legislation once again touches on past issues that were never properly resolved, and I am afraid that this is still the case now. The first is the zombie issue of private copying and the second salient point of the reform is piracy. Other reforms regard the…
“With the decision in case C-114/12, the Court is now placing emphasis on the hypotheticals by holding that the mere possibility of an international agreement impacting the EU acquis is enough to rule out Member States’ intervention, making the EU exclusively competent to conclude this type of agreement.” On 4 September 2014, the Court of…
“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…
The Telecommunications Industry Association (Teleindustrien) in Denmark has recently signed a code of conduct defining the conditions of voluntary website blocking by Danish Internet Service Providers (ISPs). In the event that one ISP is ordered by a court decision or by an order from a regulatory body to block the access to a copyright infringing…
“What the Court did not consider though, is that the outcome of the application of the 3-step test to the digitisation of each individual work for the purposes of making it available for research and private study purposes may conflict with the absolute prohibition of digitising the entire collection.” Judgment CJEU of 11 September 2014,…
Judgment CJEU, 3 September 2014, Deckmyn and Vrijheidsfonds (C-201/13). Request for a preliminary ruling from the Hof van Beroep te Brussel (Belgium). Belgian copyright law provides that “once a work has been lawfully published, its author may not prohibit caricature, parody and pastiche, observing fair practices”. This provision, which existed before the adoption of the…
“The answers from Luxembourg were much awaited not only due to the questions being interesting as such, but also because academia, the European Commission and the CJEU do not see eye to eye on these currently highly debated issues.” In response to questions lodged by a Czech court (Krajský soud v Plzni) in a preliminary…
