A full report of this case has been published on Kluwer IP Law The Supreme Court of Estonia analysed the conditions under which the public performance of works at a school concert falls within the free use exception. In principle, the Supreme Court agreed with the courts of lower instance by holding that the public…
A full summary of this case has been published on Kluwer IP Law In a case between a music publisher and members of the pop group Duran Duran, the Court granted a declaration to the claimant music publisher, finding that service of notices under s.203 US Copyright Act 1976 purporting to terminate assignments of the US…
Over the last decade, in particular, the English courts have shown a strong resolve to tackle online infringements of IP rights, and also an ability and willingness to be flexible in the remedies which they can provide to assist IP rights holders in tackling the ever evolving challenges which new technologies have created. A recent…
Last week we published the first part of a two-part article summarising the essence of the presentations at the annual IP conference organised by the University of Geneva on February 22, 2017 (programme available here). This is the second part of the article, discussing the remaining presentations. 4. Scope of copyright: hyperlinking and framing as…
A Pasadena, California, district court ruling that FilmOn X, LLC, was a “cable system” and thus eligible for compulsory licenses under the Copyright Act has been reversed by the U.S. Court of Appeals in San Francisco. In a ruling in favor of broadcasters such as Fox Television Stations, Inc., the court held that, based on…
1. Introduction As reported previously on the Kluwer Copyright Blog, on 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 (Microsoft Mobile Sales International and others Vs MIBACT and SIAE) regarding the private copying exception in Article 5.2 b of Directive 2001/29/EC (the ‘InfoSoc Directive’). The…
The Estonian court recently examined the conditions under which the public performance of works at a school concert falls within the free use exception. The Estonian Authors’ Society (an authors’ collecting society) filed a claim against the City of Tartu (through the City Government of Tartu), which administers Miina Härma Gymnasium and had organised a…
On 8 February Advocate General Szpunar handed down his Opinion on Stichting Brein v Ziggo. The case is significant, as it represents the first time that the liability of an internet intermediary for copyright infringement will be considered by the CJEU. To date, all decisions handed down by that court on intermediary liability have instead…
The California Supreme Court has been asked by the U.S. Court of Appeals in San Francisco to provide guidance on the question of whether California statutory or common law grants owners of pre-1972 sound recordings an exclusive right of public performance. This guidance is key to a lawsuit brought by Flo & Eddie, Inc.—owner of…
In mid-February, the Russian Intellectual Property Court issued an interesting decision, in which it indicated when filmmakers have to obtain a copyright owner’s consent for use of a movie prop. Under the auspices of the case, Pan Press Publisher filed a lawsuit against Ren-TV TV Channel and AN-film Production Company claiming that its book cover…
