Case Law, CJEU, Communication (right of), European Union, Infringement, Legislative process, United Kingdom

(Bristows LLP) and (Bristows)/ /Leave a comment

The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported back in 2015, this reference to the CJEU by the UK Court of Appeal followed an appeal by the claimant broadcasters against…

Case Law, CJEU, Communication (right of), Digital Single Market, European Union

(University of Cyprus)/ /Leave a comment

The right of communication to the public has proved to be one of the most intriguing concepts of EU copyright law. The CJEU has had to decide on its scope of application in a variety of cases both in the analogue (See the seminal SGAE case C-306/05) and in the digital world (See: Svensson case…

CJEU, Damages, Enforcement, European Union, Remedies

(Clifford Chance)/ /Leave a comment

On 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as “the Enforcement Directive”) does not prevent a national regulation from stating that when an intellectual property right (“IPR”) has been infringed, the IPR owner may claim an amount corresponding…

CJEU, European Union, Infringement, Liability, Remedies, Sweden

(Lund University) and (Cirio Law Firm)/ /Leave a comment

Readers familiar with EU copyright law will recall that national courts of the EU Member States are able to issue injunctions against ISPs (providers of internet access) ordering them to prevent their customers from accessing websites infringing copyright by blocking access to the websites (UPC Telekabel Wien v Constantin Film C-314/12) by reference to Article…

Case Law, France, Infringement, Liability

(REALEX)/ /1 Comment

A full report of this case has been published on Kluwer IP Law. The French Supreme Court upheld a judgment of the Court of Appeal of Paris that found an individual guilty of reproducing sculptures of Rodin, stating that the infringement of rights in a work that has fallen into the public domain consists of…

Case Law, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

Flo & Eddie, Inc.—owner of recordings by 1960s pop group The Turtles and created by former Turtles vocalists Mark “Flo” Volman and Howard “Eddie” Kaylan—has sustained a decisive blow in its attempt to recover damages from satellite and Internet broadcaster Sirius XM Radio for broadcasting and reproducing pre-1972 sound recordings without permission—at least with respect…

Austria, Case Law, CJEU, Distribution (right of), Infringement, Making available (right of), Reproduction (right of)

(Geistwert)/ /Leave a comment

Placing a copyright-infringing armchair in a hotel lobby does not qualify as “distribution”, but displaying a photo of it on the hotel’s website does qualify as “making available” under copyright law.  This is the outcome of a recent Austrian Supreme Court judgment, notable for its reversal of the decision of that same court in the…

Case Law, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

A seller of computer aided design (CAD) files used for steel detailing services could have infringed a software provider’s CAD program by downloading an unauthorized copy of the program, the U.S. Court of Appeals in San Francisco has held. There was a genuine issue of material fact as to whether the unauthorized download was more…

European Union, Infringement, Legislative process, USA

(Institute for Information Law (IViR))/ /Leave a comment

In December 2016, the Office of the U.S. Intellectual Property Enforcement Coordinator introduced a Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019). Since 2014, on the other side of the Atlantic ocean, the European Union has been undertaking steps to complete a comprehensive modernisation of the copyright system, including a reform of the Enforcement…