A full summary of this case has been published on Kluwer IP Law The Supreme Court held that even in cases where many photographs are involved, the courts must carry out a separate examination of each individual photograph in order to assess their respective originality, if necessary by grouping them by common characteristics. Want to…

With the growth of the ‘data-driven economy’and the rise of ‘Big Data’ have come calls for the introduction of a novel property right in data. Apparently in response to demands from the German automotive industry, the European Commission has in its 2017 Communication on ‘Building a European data economy’ advanced the idea of creating a…

A full summary of this case has been published on Kluwer IP Law The Estonian Authors’ Society (EAÜ) is a collecting society that administers authors’ economic rights in Estonia. The EAÜ sued a music concert organiser who had not acquired a corresponding licence for public performance of copyright works and had not paid a licence…

In the case Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger registrierte Genossenschaft mbH (AKM) V Zürs.net Betriebs GmbH (C-138/16, Judgment of 16 March 2017) the CJEU was called upon to decide once again on the seminal concept of communication to the public. The right of communication to the public, which has proved to be…

On 21 May 2015, the IP specialist chamber of the High Court of First Instance of Paris handed down one of its worst rulings in copyright law: in breach of the most basic EU and French copyright law rules, it refused copyright protection to a famous photograph of Jimi Hendrix (reproduced above), taken by Gered…

  On the 5 July 2017, the Institute for Information Law (IViR) of the University of Amsterdam organized its ‘Blockchain and Copyright Symposium’. For a brief introduction to this symposium and the topic, see our previous post. The symposium was divided into two parts. In the first part, following an introduction by IViR senior researcher…

Microsoft Corp. established, as a matter of law, that several California retailers infringed the software giant’s copyrights and trademarks by selling 60 units of software, each of which included a counterfeit copy of Microsoft Windows 7 or Microsoft Office 2007, the U.S. Court of Appeals in San Francisco has determined. A judgment against the retailers…

‘Please go!’ said pop group Golden Earring to their music publisher Nanada when they put an end to their publishing contract! As it sometimes happens in long-standing relationships, the once harmonious author/publisher cooperation had deteriorated to such an extent that a break-up was inevitable. Unfortunately, Golden Earring’s way of going about it brought both parties…

A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that Article 9, particularly the concept of ‘access to cable of broadcasting services’, must be interpreted as not covering or permitting national legislation which provides that copyright…