Have you ever given an idea to a friend, who then weaved that idea into their work? Did you feel that you should be recognised for your idea being included even though what you contributed was rather high level? Two weeks ago, in the UK judgment Nicholas Martin v Julia Kogan [2017] EWHC 2927 (IPEC),…
Introduction On 30th June 2017, the EU approved Regulation 2017/1128/EU on the cross-border portability of online content services (OJEU 30.6.17 L168) (the “Regulation”). The new Regulation introduces to the EU copyright framework the right for users to access portable services to which they have subscribed in one Member State when they are temporarily resident in another…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from September, October and November. Top 3 Kluwer Copyright…
The Austrian Supreme Court has recently shed some light on the requirements for the admissible quotation of photos (judgment of 26 September 2017, 4Ob81/17s). In this case, a photographer had taken photos of a poacher who was killed in 1982. The competent collecting society sued a private TV-broadcasting station for their unauthorised use of one…
In this case the Supreme Court of Estonia analyses the legal issues involved in providing internet marketing services via Facebook and Google Adwords platforms. The court emphasises that the information, which was created during the performance of the contract of services, is not copyrightable subject matter. “Works” means only original results in the literary, artistic…
The French Supreme Court held that the costs relating to the blocking measures ordered by the courts are strictly necessary for the preservation of the intellectual property rights and that the courts may order the internet service providers and search engine providers to bear such costs. Case date: 6 July 2017 Court: Court of Cassation of France,…
It’s been almost two years since the Slovak legislator introduced an improved legal framework by adoption of a completely new Slovak Copyright Act. The main aim of the legislation was to introduce modern and flexible legal rules ensuring, on the one hand, that authors have more effective means to control the use of their works…
The CJEU held that the concept of ‘lending’, within the meaning of Article 1(1), Article 2(1)(b) and Article 6(1) of Directive 2006/115/EC, covers the lending of a digital copy of a book where the lending is carried out by placing the copy on the server of a public library and allowing a user to reproduce…
The Polish Supreme Court held that the creative (original) nature of a work protected by copyright may manifest itself in the creative, new and simplified combination of known elements e.g. insurance products. The condition of individuality of such a work will be met if it is unique from the statistical point of view, meaning that…
The Centre for International Intellectual Property Studies (CEIPI) has just published a position paper on the proposed reform of copyright exceptions and limitations in the European Digital Single Market (DSM). The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM). This CEIPI Opinion does…
