In October 2014 the government introduced a series of changes to the UK’s copyright regime. One change, key to the objective of making copyright law better suited to the digital age, was the introduction of a private copying exception. That exception is now in jeopardy following a successful challenge by the music industry. For the…

On June 4th, the US Copyright Office published a report on Orphan Works and Mass Digitization. The report addresses two situations where the current US copyright system may not fulfill its aim to “promote the Progress of Science”: orphan works and mass-digitization. As regards orphan works, the Office notes that a user’s ability to seek…

This case concerned blocking orders pursuant to s97A of the Copyright Designs and Patents Act 1988 (CDPA). The Court found that there was copyright infringement by both UK users and operators of file-sharing websites, insofar as there was communication of copyright works, the communication was to the public, and the act of communication took place in the UK.  This…

The Court of Appeals held that a European Usenet Service Provider (‘USP’), ‘NSE’, was excluded from liability for infringement of copyright and neighbouring rights, pursuant to the provisions for mere conduit service providers and hosting service providers in Articles 12 to 15 of Directive 2000/31/EC (The E-Commerce Directive) as implemented into Dutch law. In the context of…

This case in the Court of Appeal of ‘s-Hertogenbosch concerned the use of a photograph of a photo model by two rappers in one of their music videos. The video was uploaded to YouTube after which it was disseminated via their own website’s homepage and their YouTube Channel. Although the rappers were authorised to do so by the…

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…

Another blocking order in the UK, however, this time there was some complexity about the actual acts of infringement. In Twentieth Century Fox Film Corporation & Ors v Sky UK Ltd & Ors, the High Court considered the circumstances in which website blocking orders should be granted against websites facilitating the use of a “sophisticated…

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,…

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…

Regular readers of this blog will be familiar with an earlier decision by the Slovak Supreme Court about unauthorised use of a famous Tank Man picture in the Slovak media. The case has now hit the Slovak Constitutional Court, thus providing it with the first ever opportunity to discuss the interface of copyright and freedom…