The plaintiff alleged infringement under the Copyright and Related Rights Act 2000 (CRRA 2000), breach of trademark, breach of contract, breach of moral rights, breach of confidence and interference with economic relations. The court held that under the statutory claim (s37 and S40 of the CRRA 2000) it is incumbent on the plaintiff to sufficiently…
The Court of Appeals held that a European Usenet Service Provider (‘USP’), ‘NSE’, was excluded from liability for infringement of copyright and neighbouring rights, pursuant to the provisions for mere conduit service providers and hosting service providers in Articles 12 to 15 of Directive 2000/31/EC (The E-Commerce Directive) as implemented into Dutch law. In the context of…
On 16th April 2015 the German Federal Court of Justice (BGH) delivered its final judgment in a lengthy legal standoff, which began its journey through the judiciary in 2009. The judgment is not yet available but is discussed in a press release here. Since that time libraries and publishing houses have fought with one another…
This ruling, rendered by the IP specialist section of the High Court of First Instance of Paris, breaches the most basic EU and French copyright law, by refusing copyright protection to an obviously original photographic work. This very surprising ruling is unfortunately just another ruling contrary to the elementary rules of copyright law that has…
An actress in the controversial anti-Islamic film Innocence of Muslims lacked a copyright interest in her performance in the film and was not entitled to a preliminary injunction against the film’s display on YouTube, the U.S. Court of Appeals in San Francisco has held in an en banc opinion (Garcia v. Google, Inc., May 18,…
This case in the Court of Appeal of ‘s-Hertogenbosch concerned the use of a photograph of a photo model by two rappers in one of their music videos. The video was uploaded to YouTube after which it was disseminated via their own website’s homepage and their YouTube Channel. Although the rappers were authorised to do so by the…
The Supreme Court held that pictures of tryptic paintings, as copyrightable artistic works, cannot be used as decoration of shops and on online catalogues without the authorisation of the owner of the copyright in those paintings. A full summary of this case has been published on Kluwer IP Law
A claim for infringement of copyright and design rights failed. There was no good reason to reject evidence that the fabric in question was created without sight of the claimant’s fabric; the similarities between the designs were not sufficient to infer that there had been subconscious copying. A full summary of this case has been published on Kluwer IP…
A recent judgment by the Spanish Supreme Court draws a line under the legal dispute between the heirs of the British writer G. K. Chesterton and a Spanish publishing house concerning the term of protection applicable to the former’s works in Spain. The judgment declares that Chesterton’s works, just like those of any national or…
In this case, the Court of Appeal was required to determine the amount of damages payable when the fact of infringement was ascertained but there was insufficient evidence on the total amount of damages incurred. The court held that the circumstances related to the type, nature and gravity of the infringement, the lost profit, any moral damages…
