Judgment nº208/2021 of Madrid Commercial Court nº16 (December 20th, 2021) Context and facts This case concerns a dispute between the collecting management organisation CEDRO[1] and GOOGLE DISCOVER for non-payment of fair compensation for the limitation established in article 32.2 (now abrogated by the implementation of the CDSM Directive[2]) of the Spanish Copyright Act (SCA) between…

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. The first part examined the legal nature of the VSE rule, concluding that it ought to be qualified not as an ‘exception’, but as a…

Let’s imagine that, in the near future, the Court of Justice of the European Union (CJEU) receives a request for a preliminary ruling referring the following question: “Must Article 17(4) of Directive 2019/790 on copyright and related rights in the Digital Single Market be interpreted as precluding a national law which allows copyright holders to bring…

The Spanish Supreme Court has ruled in a case concerning the infringement of copyright of a student whose professor reproduced, without the former’s consent, certain sections of the student’s research work. This case gave the Court the opportunity to analyse the issue of originality of academic works and provide guidance on authorship of a University…

Almost a decade after the first complaint was lodged, the judgment in the Series Yonkis case was delivered by the Murcia Criminal Court in June. This case is considered to be the most important court case to date in relation to downloads of content protected by intellectual property rights in Spain. For 7 years (from…

The Madrid Court of Appeal dismissed an appeal filed by the owners of a figurative mark whose central element is a radiant heart, drawn using thick black lines and coloured in red, this being used by the defendants to market numerous articles and souvenirs sold in many shops in Madrid. The Court upheld the first…

This article will be forthcoming in the March 2019 issue of Communications of the ACM, a computing professionals journal. The editors of Communications of the ACM have given permission for it to be pre-published for the Kluwer Copyright Blog.         Should European press publishers be granted a new intellectual property (IP) right…

The Spanish Supreme Court dismissed the cassation appeal filed by the Spanish affiliate of the American group IMS HEALTH against the judgment of the Provincial Appellate Court of Madrid ordering them to pay damages of 5 million euros for misappropriating and selling part of the content of a database developed by the claimant company. INFONIS,…

14 April 2018 saw the entry into force of Spanish Royal Decree-Law 2/2018, of 13 April, amending the wording of the Spanish Copyright Act. This reform transposes two Directives into Spanish law, namely: Directive 2017/1564 of the European Parliament and of the Council on certain permitted uses of certain works and other subject matter protected…

The Spanish court has recently given judgment in proceedings brought by various audiovisual producers belonging to the Motion Picture Association of America (MPAA), against a number of telecommunications companies who provide Internet access. The proceedings were aimed at having the latter take measures to block Internet access to certain websites that were making protected audiovisual…