A magistrate judge properly ruled that a property owner who had intentionally burned a replica of a 16th-century Spanish galleon—a work of art that two plaintiffs had constructed over a used school bus for a Nevada arts festival—did not violate the Visual Artists Rights Act (VARA), the U.S. Court of Appeals in San Francisco has…
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…
The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be considered to be a matter relating to tort, delict or quasi-delict and, therefore, whether Article 5(3) of Regulation 44/2001 on jurisdiction in civil…
The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere reception and not a reuse of the broadcast works and therefore it did not require the authorisation of the copyright holders. A…
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
A federal district court did not err in ruling that Amazon.com and its founder, Jeff Bezos, did not exceed the scope of their publishing license by failing to pay the full amount of royalties that were allegedly owed to a self-published author, the U.S. Court of Appeals in Philadelphia has ruled (Carlin v. Bezos, May…
Four children of the deceased gospel music composer and publisher Albert Brumley successfully terminated Brumley’s assignment of the copyright to the song “I’ll Fly Away” to their brother, Robert, the U.S. Court of Appeals in Cincinnati has held (Brumley v. Albert E. Brumley & Sons, Inc., May 16, 2016, Sutton, J.). The Copyright Act allowed…
1. Introduction The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet technologies, hyperlinking, is still the subject of hotly debated issues under EU copyright law, which the CJEU has yet to answer. 2. Linking…
The court held that the operators of a website and mobile applications had infringed the claimants’ copyright in TV broadcasts and films of cricket matches by allowing users to upload, view and share short clips of cricket match broadcasts. Fair dealing for the purposes of reporting current events in accordance with s30(2) CDPA did not…
On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. Two organisations were affected, the society that represents record companies (AGEDI) and the society representing music performers (AIE), who operate in their respective sectors without competition. In the opinion of the Spanish Markets and Competition Commission (CNMC), the two…
