Case Law, Copyright Authority/Board, France, Legislative process, Limitations, Remuneration (equitable)

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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 the remuneration for private copying in situations where one of the decisions of the Commission in charge of setting the fair compensation has been annulled. A full summary of…

Case Law, France, Infringement, Landmark Cases, Remedies

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The French Supreme Court confirmed that a writ of summons for infringement of intellectual property rights must determine and specify the elements for which protection is sought, as well as the allegedly infringing acts. A writ of summons, such as that in the case at hand, which does not sufficiently describe or identify the work…

Case Law, Collective management, Copyright Authority/Board, France, Legislative process, Limitations, Remedies, Remuneration (equitable)

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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…

Case Law, Collective management, France, Landmark Cases, Remuneration (equitable)

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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

Case Law, France, Infringement, Landmark Cases, Originality

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The French Supreme Court stated that the lower courts must take into consideration all the choices of the author in order to decide whether a work is original and therefore protected by copyright law, and not simply the common aspects of the work. A full summary of this case has been published on Kluwer IP…

Case Law, Enforcement, France, Infringement, Liability, Remedies

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The French Supreme Court (‘Cour de cassation’) has caused a stir in France (15 May 2015, No 13-27391), by quashing a judgment of the Court of Appeal of Paris for breaching Article 10-2 of the European Convention on Human Rights (“ECHR”). The Supreme Court held that before condemning an alleged infringer for copyright infringement, the…

Case Law, France, Originality

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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…

Case Law, Copyright Authority/Board, France, Landmark Cases, Legislative process, Remedies

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In this judgment, the French Supreme administrative Court, the Conseil d’Etat, confirms the validity of a decision taken on 9 February 2012 by the Commission in charge of setting the compensation for private copying. This decision adopted the new tariffs applicable for recording media subject to the remuneration for private copying, including portable media players,…

Case Law, European Union, Remuneration (equitable), Transfer (of right)

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An auction house may transfer the responsibility of paying the artist’s ‘droit de suite’ from the seller to the buyer. This judgment, rendered by the European Court of Justice on 26 February 2015 in response to a reference from the French Supreme Court, will satisfy the auction houses and art dealers in Europe (Christie’s France…

Case Law, Collective management, Enforcement, France, Infringement, Landmark Cases

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In this judgment, the French Supreme Court ruled that an author who is a member of a collecting society may not take action in infringement cases to protect his economic rights, except in the case of a deficiency on the part of said collecting society. In the same judgment, the Supreme Court ruled that publishing…