The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work. It is not necessary to refer to additional statutory rules, because “uses in any other manner” as one of the forms of unauthorised use is…
The federal district court in Manhattan properly awarded over $250,000 in attorney fees and costs to hip-hop star Jay Z (aka Shawn Carter) and his companies, Roc Nation and Roc-A-Fella Records, for their successful defense against time-barred claims brought by sound engineer Chauncey Mahan, the U.S. Court of Appeals in New York City has held….
To ensure you don’t miss out on interesting IP law developments reported by our Trademark Law and Patent Law bloggers, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of the blogs. Top 3 Kluwer Trademark Blog posts in February 2016 1)…
On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat puzzlingly, the Court reached the opposite conclusion from that of last summer’s controversial Grand Chamber ruling, this time finding that a violation of Article 10…
A 2001 letter from an attorney representing the heirs of Superman co-creator Jerome Siegel effectively transferred all copyrights in the Superman character to DC Comics, the U.S. Court of Appeals in San Francisco has decided (Larson v. Warner Bros Entertainment, February 10, 2016, per curiam). Siegel’s daughter, Laura Siegel Larson, could not go forward with…
Case C‑572/13, HP v. Reprobel, 12 November 2015 By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners As we know, Member States may adopt exceptions to the reproduction right of authors in the cases and under the conditions listed in Article 5 of Directive 2001/29. Some of those exceptions may be transposed…
Decision of the German Bundesgerichtshof (“BGH”) of July 9, 2015, file no. I ZR 46/12 (“Die Realitaet II”) The CJEU confirmed in Svensson that linking to content may be a public communication where it reaches a new public. Some issues, however, remained unresolved. One open question is whether linking to illegal content always reaches a…
In response to a reference from the Bundesgerichtshof (Germany), the CJEU ruled that geographical information extracted from a topographic map by a third party in order to produce and market another map retains, following its extraction, sufficient informative value to be classified as ‘independent materials’ of a ‘database’ within the meaning of Article 1(2) of…
A copyright claim brought by hip-hop artist Tyrone Simmons—who purchased an exclusive license to use a beat known as the “I Get Money Instrumental”—against the beat’s creator (William Stanberry, Jr.) and a group of defendants associated with rapper Curtis Jackson, known professionally as “50 Cent,” who used the beat in a hit song, was time-barred…
It is beyond dispute that Anne Frank’s diary is of great historical value. A recent Dutch court decision confirms this, in a case that perfectly illustrates the tension between freedom of scientific research and the enforcement of copyright. On the 23rd of December 2015, the District Court of Amsterdam handed down its ruling in a…
