The court held that the defendant did not infringe the claimant’s copyright or database rights beyond the infringements already admitted, as none of the defendant’s customers apart from one had access to the claimant’s software. A full summary of this case has been published on Kluwer IP Law
The CJEU has recently ruled on yet another case seeking to determine the meaning of ‘communication to the public’, this time in the context of broadcasting television to patients in a rehabilitation centre (Reha Training Gesellschaft für Sport- und Unfallrehabilitation mbH v Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA), C-117/15). Readers will be aware…
1 Background, facts and questions On 9 June 2016 the CJEU ruled on Case C-470/14 – EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private copying exception or limitation in Article 5(2)(b) of Directive 2001/29/EC (the ‘InfoSoc Directive’) after Padawan, Stichting de Thuiskopie, Luksan, VG Wort,…
A magistrate judge properly ruled that a property owner who had intentionally burned a replica of a 16th-century Spanish galleon—a work of art that two plaintiffs had constructed over a used school bus for a Nevada arts festival—did not violate the Visual Artists Rights Act (VARA), the U.S. Court of Appeals in San Francisco has…
In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award compensation for private copying in situations where a decision of the Commission in charge of setting the fair compensation has been annulled. This judgment seems to mean that the…
The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be considered to be a matter relating to tort, delict or quasi-delict and, therefore, whether Article 5(3) of Regulation 44/2001 on jurisdiction in civil…
There are just three days to go until the European Commission’s public consultation on “the role of publishers in the copyright value chain” closes and those who have not yet responded to the consultation should consider doing so. Although the Commission’s explanatory statement hardly makes this clear, it is considering a legislative initiative that could…
On 4th May 2016, the European Commission published its Full report on the public consultation on the review of the EU Satellite and Cable Directive. The consultation, which was held from 24 August until 16 November 2015, focused on two main issues. First, the assessment of the current rules and, second, the possibility of the…
The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere reception and not a reuse of the broadcast works and therefore it did not require the authorisation of the copyright holders. A…
The Supreme Court validated the method used by the French collecting society Sacem to determine how the proceeds relating to the exploitation of musical works in clubs and discotheques should be redistributed to the rightholders. A full summary of this case has been published on Kluwer IP Law
