Authorship

Authorship, Collective management, European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of)

(Schulich School of Law )/ /Leave a comment

Last week, the European Parliament approved the draft Directive on certain permitted uses of orphan works. The approval of the Council of Ministers is expected to occur shortly. This is big news indeed, for it’s the first draft directive in the area of copyright law to make it this far in more than 10 years….

Authorship, Case Law, Estonia, Jurisdiction, Ownership

(Palladium Attorneys at Law)/ /Leave a comment

Estonian Supreme Court, 7 February 2012, Case No3-2-1-155-11,  Herlitz PBS AG vs. Realister OÜ (plaintiff in the prededing proceeding). The Estonian Supreme Court found in its recent judgement in the Realister case that the presumption of authorship as laid down in the Sections 4(6) and 29(1) of the Estonian Copyright Act (hereinafter referred to as…

Authorship, Database right, European Union, Jurisdiction

(The University of Nottingham)/ /10 Comments

Summary & comment by Dr. Estelle Derclaye, Associate Professor and Reader in Intellectual Property law, University of Nottingham, School of Law. “The crux of the judgment comes at paragraph 42 when the court clearly states that skill and labour in the selection or arrangement of the data, even if significant, is not sufficient as such…

Austria, Authorship, Case Law, European Union, Remuneration (equitable)

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

On 9 February 2012, the Court of Justice of the European Union issued its judgment in the case Martin Luksan v. Petrus van der Let (Case C-277/10) opposing a film director to a film producer on the exploitation rights of the film “Fotos von der Front”. The case was brought by the Wien Handelgericht (Commercial…

Authorship, Case Law, Jurisdiction, Slovakia

(London School of Economics)/ /Leave a comment

On the first week of January, media and blogs extensively reported about a Slovak ruling of the Regional Court in Bratislava, which denied copyright protection on newspaper articles. In fact, the court assessed only three articles submitted as evidence, and of course, did not deny copyright protection in general. On the other hand, it quite…

Authorship, Case Law, Enforcement, Infringement, Jurisdiction, Liability, Netherlands

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

By Axel Arnbak, IViR. Last week, a Dutch district court ruled that two internet access providers, Ziggo & XS4ALL, have to block customers’ access to the IP-addresses and (sub)domains of The Pirate Bay. The providers will appeal the ruling of the District Court of The Hague. Amidst global PR-hurricanes on the legality of website blocking,…

Authorship, Case Law, Database right, European Union, Jurisdiction

(University of Cyprus)/ /1 Comment

Data creation, intellectual creation and creativity in the world of databases: The Advocate’s General Opinion in the Football Dataco Ltd v. Yahoo! Uk Limited Case and its potential impact in database copyright. What is a database? Are database copyright protection and database sui generis protection completely independent?  What is the creativity level for asserting that…

Authorship, Case Law, Database right, Jurisdiction, United Kingdom

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UK: High Court Chancery Division, 09-11-2011: Forensic Telecommunications Services Ltd v. Chief Constable of West Copyright does not subsist in a list of permanent memory absolute (“PM Abs”) addresses of mobile phones that are used to extract data from mobile phones in forensic investigations. There may have been an expenditure of skill, labour and judgement…

Austria, Authorship, Case Law, Distribution (right of), European Union, Jurisdiction, Remuneration (equitable)

(European Audiovisual Observatory )/ /1 Comment

On 6 September 2011, General Advocate Verica Trstenjak released her Opinion on case C-277/10 (the original German version of the Opinion is available here, other language versions here). The case deals a.o. with the controversial cessio legis provision of the Austrian Urheberrechtsgesetz (Copyright Act – UrhG). According to this provision included in Art. 38(1) UrhG,…

Authorship, Infringement, Italy, Jurisdiction

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The Tribunal of Rome has rejected the appeal brought by Reti Televisive Italiane (RTI, Mediaset Group) and Endemol, respectively the broadcaster and the producer of the Mediaset TV program “Baila!”, against the first instance decision in the urgent proceeding for provisional measures of the same court, holding that the program was an unauthorized copy of…