Case Law

AG Opinion, Case Law, CJEU, Communication (right of), European Union, Exceptions and Limitations, Infringement, Private copying

(Institute for Information Law (IViR)) and (Universidade Católica Portuguesa)/ /Leave a comment

On 7 September 2017, AG Szpunar delivered his opinion on Case C-265/16, VCAST. The case concerns the question of whether the private copying exception covers the services of an online platform that allows users to store copies of free-to-air TV programmes in private cloud storage spaces. AG Szpunar’s proposed answer was a mixed one: while…

Case Law, CJEU, Collective management, European Union, France, Legislative process

(General Secretary of the Sofia (Société Française des Intérêts des Auteurs de l’écrit))/ /Leave a comment

Following an interlocutory question from the French Council of State, in a dispute concerning the legality of the decree of 27 February 2013 on the application of the law of 1 March 2012 on the digitisation of out-of-print books of the 20th century, the Court of Justice of the European Union (Case C-301-15) rightfully stated that…

Case Law, Infringement, Originality, United Kingdom

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

In a recent UK judgment, Neptune (Europe) Limited v deVOL Kitchens Limited, Neptune was unsuccessful in its claim against a fellow kitchen designer, DeVOL. DeVOL’s ‘Shaker’ kitchen was found not to have infringed the UK unregistered design rights (“UDR”) and a Registered Community Design (RCD) in Neptune’s ‘Chichester’ range. UDR was created to complement copyright…

Case Law, USA

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

In a copyright action brought by Ukranian figure skater Oksana Baiul and her company, Oksana Ltd., a federal district court did not err in dismissing her claims, with prejudice, after judgment on the pleadings was granted to defendant NBC Sports, the U.S. Court of Appeals in New York City has ruled. The dismissal with prejudice…

Case Law, CJEU, Communication (right of), European Union, France, Legislative process, Reproduction (right of)

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

A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that Article 2(a) and Article 3(1) of Directive 2001/29 preclude national legislation that gives an approved collecting society the right to authorise the digital reproduction and communication to the…

Case Law, Damages, Enforcement, Germany, Infringement, Remedies

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Legal enforcement of open source software license violations, in particular violations of the General Public License (GPL), has been established in Germany for quite some time. Back in 2004, the Regional Court of Munich I granted an injunction confirming copyright infringement on the basis of a violation of the terms of the GPLv2 (judgment of…

Case Law, CJEU, European Union, France, Germany, Legislative process, Lithuania

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To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs.  Here are the top posts from June, July and August. Top 3 Kluwer Copyright…

Case Law, France, Originality

(REALEX)/ /Leave a comment

A full summary of this case has been published on Kluwer IP Law The Supreme Court held that even in cases where many photographs are involved, the courts must carry out a separate examination of each individual photograph in order to assess their respective originality, if necessary by grouping them by common characteristics. To make…

Case Law, Damages, Estonia, Infringement, Remedies

(Palladium Attorneys at Law)/ /Leave a comment

A full summary of this case has been published on Kluwer IP Law. The Estonian Authors’ Society (EAÜ) is a collecting society that administers authors’ economic rights in Estonia. The EAÜ sued a music concert organiser who had not acquired a corresponding licence for public performance of copyright works and had not paid a licence…

Case Law, CJEU, Communication (right of), European Union, Infringement

(University of Cyprus)/ /Leave a comment

In the case Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger registrierte Genossenschaft mbH (AKM) V Zürs.net Betriebs GmbH (C-138/16, Judgment of 16 March 2017) the CJEU was called upon to decide once again on the seminal concept of communication to the public. The right of communication to the public, which has proved to be…