A claim for infringement of copyright and design rights failed. There was no good reason to reject evidence that the fabric in question was created without sight of the claimant’s fabric; the similarities between the designs were not sufficient to infer that there had been subconscious copying. A full summary of this case has been published on Kluwer IP…

A recent judgment by the Spanish Supreme Court draws a line under the legal dispute between the heirs of the British writer G. K. Chesterton and a Spanish publishing house concerning the term of protection applicable to the former’s works in Spain. The judgment declares that Chesterton’s works, just like those of any national or…

In this case, the Court of Appeal was required to determine the amount of damages payable when the fact of infringement was ascertained but there was insufficient evidence on the total amount of damages incurred.  The court held that the circumstances related to the type, nature and gravity of the infringement, the lost profit, any moral damages…

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,…

On June 24, 2014, the Austrian Supreme Court ruled that the Austrian internet service provider UPC Telekabel Wien GmbH must block access to copyright infringing websites.  The Supreme Court noted that, in accordance with the ruling of the Court of Justice of the European Union in Case C-314/12, such an injunction leaves its addressee to determine the specific measures to…

In a recent decision, the Spanish Market and Competition Commission (CNMC), imposed a fine of 3.1 million Euros on the Spanish collecting society, SGAE, for demanding an excessive fee for concert licensing. This decision is of particular interest because the Spanish competition authority has taken a new approach when interpreting the European law on the method of analysing the fairness…

The Italian Supreme Court confirmed that software which derives from a pre-existing computer program is eligible for copyright protection provided it demonstrates a minimal level of originality, even if it reproduces the main structure of the pre-existing program. A full summary of this case has been published on Kluwer IP Law

In this judgment, the French Supreme Court ruled that an author who is a member of a collecting society may not take action in infringement cases to protect his economic rights, except in the case of a deficiency on the part of said collecting society. In the same judgment, the Supreme Court ruled that publishing…

In a case concerning the use of a radio set in a small bike shop, the Constitutional Court ruled that in order to assess whether a user is making a communication to the public, the situation of the specific user and of all the persons to whom he communicates the protected works must be assessed. A…

The document delivery service of ETH Zurich (scanning individual articles and sending them by email to the users) is covered by the exception for private use (Art. 19 CopA), as a person entitled to make copies of a work for private use (Art. 19 al. 1 CopA) may also have them made by libraries and…