The federal district court in Portland, Oregon, erred in declining to award attorney fees to a film distributor as the prevailing party in a copyright infringement suit against a BitTorrent peer-to-peer network user who had stipulated to judgment of infringement, the U.S. Court of Appeals in San Francisco has ruled. The district court abused its…
It is an exciting time – the European Union (EU) has started the long-awaited negotiations with Australia on a Free Trade Agreement (FTA). What could creative industries expect in terms of the intellectual property chapter, and copyright law in particular? Should Australia be afraid of the EU requiring an additional layer of copyright protection, as…
The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for…
Introduction Since the British government has triggered Art. 50 TEU it can be considered a certainty that the United Kingdom will leave the European Union. What is not clear to date are the exact terms that will shape the future relationship between the two parties – and thus the situation of British stakeholders in the…
North Carolina, the North Carolina Department of Natural and Cultural Resources, and various state officials acting in their official capacities—who were sued in a copyright infringement action brought by a videographer and his affiliate who produced photos and videos depicting a salvaged ship of Blackbeard the pirate—were entitled to Eleventh Amendment immunity from suit in…
Forthcoming in the November 2018 issue of Communications of the ACM, a computing professionals journal, is a column entitled “Legally Speaking: The EU’s Controversial Digital Single Market Directive” by Professor Pamela Samuelson, Berkeley Law School. The editors of Communications of the ACM have given permission for this column to be pre-published for the Kluwer Copyright…
Forthcoming in the November 2018 issue of Communications of the ACM, a computing professionals journal, is a column entitled “Legally Speaking: The EU’s Controversial Digital Single Market Directive” by Professor Pamela Samuelson, Berkeley Law School. The editors of Communications of the ACM have given permission for this column to be pre-published for the Kluwer Copyright…
Real estate photographers failed to provide evidence that software provider CoreLogic, Inc., removed copyright management information (CMI) from licensed photos posted to listing services by real estate agents using CoreLogic’s software with the requisite mental state for liability under the Digital Millennium Copyright Act (DMCA), the U. S. Court of Appeals in San Francisco has…
It is difficult to find an article on any topic in the field of intellectual property (IP) that does not call for reform. Many legislative efforts are afoot in the EU to “update” IP norms, including a proposed Directive on copyright in the Digital Single Market. The same is happening elsewhere but most of those…
While awaiting the vote (on 5 July 2018) of the European Parliament on the Legal Affairs (JURI) Committee Proposal on Article 13 of the draft Directive on Copyright in the Digital Single Market – commented on previously by Christina Angelopoulus – in this post we will focus on the Proposal agreed on by the European…
