UK: ITV Broadcasting Ltd v TV Catchup Ltd High Court of England and Wales (Patents Court), 18 July 2011 Live-streaming: In a case on internet live-streaming retransmission of TV broadcasts and films, the High Court ruled that the introduction in the UK Copyright Act of a general right of communication to the public with respect…

UK:  Lucasfilm Ltd & Ors v Ainsworth & Anor, Supreme Court, 27 july 2011. Helmets and harmours created for the characters of the Imperial Stormtrooper in the film Star Wars are not “sculptures”, and therefore are not copyrightable subject matter within the Copyright, Designs and Patents Act 1988. Nevertheless, a claim for infringement of a…

UK: CSC Media Group Ltd v. Video Performance Ltd, Court of Appeal Civil Division, 27 May 2011. Collective management: The Court of Appeal reversed the High Court’s judgement and reinstated the decision of the Copyright Tribunal in respect of the royalty rate payable by CSC Media Group to Video Performance Limited (VPL) for the use…

Finland: Finreactor I, Supreme Court (Korkein oikeus), 30 June 2010. Filesharing: The defendants were administrators of the Finreactor BitTorrent file sharing network. The networks’ users could illegally download copyrighted works. The network was built so that the files were not available on the Finreactor’s site but resided on users’ own computers. Finreactor had a tracker…

The question, whether software licences for computer programs that were purchased in an intangible form (via download from the sellers’ server) can be resold by the first acquirer and used by the second buyer without consent of the right holder, has to be interpreted in light of the computer program directive 2009/24/EG. A full summary…

BELGIUM – In a case of SABAM (the Belgian Society of Authors, Composers and Publishers) versus a counterfeits dealer, the Belgian Supreme Courts finds that in litigations against copyright infringers, collecting societies can prove the existence of management contracts pertaining to some works by solely producing the official repertoire listing that they mandatorily have to…

DENMARK – An end user of the Direct Connect file sharing network was found liable for copyright infringements. However, the Supreme Court did not agree with the right holders (respondents) that the extent of the infringements was sufficiently documented and overturned the evidence (a list of files) provided by right holders. Also, the Supreme Court…

In the appeal of a case concerning allegations of infringement of IP rights in live football statistics sites, the Court of Appeal rejected the claimant’s copyright claim, affirming the high standard of subsistence in a database under Article 3(1) which must go beyond ‘mere data’ to involve some ‘creative skill’. Concerning the sui generis right,…

Kitchin J granted an order for security for costs under rule 24.6 CPR against the claimant in a copyright infringement case. While remaining sensitive to the right of access to the court of the claimant and acknowledging that security for costs should only rarely be ordered solely where the case appears weak, the judge considered…