Case Law

Case Law, Communication (right of), Digital Single Market, Infringement, Making available (right of)

(Institute of Intellectual Property Law, Jagiellonian University Kraków)/ /Leave a comment

The Court of Justice delivered its highly anticipated decision on linking. A breath of relief is allowed: linking seems to be legal. But when one looks a little closer, disturbing things begin to emerge. First things first. The decision in Case C‑466/12, resulting from a request for a preliminary ruling from a Swedish court (Nils…

Case Law, Communication (right of), Digital Single Market, Infringement, Jurisdiction, Netherlands

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

“In that case, the publication of an hyperlink is, in principle, not an autonomous communication to the public” It is a common fact that the sex-industry, along with the arms industry,  is a driving force behind many new developments. Porn is a major force on the internet and it also shouldn’t come as a surprise…

Case Law, Italy, Jurisdiction

(Monducci Perri Spedicato & Partners)/ /Leave a comment

 “Those who take a train have to accept the risk of being identified abstractly in the crowd of passengers, as this is simply part of the ‘risks of the life’.” The Italian Supreme Court rules that, according to Article 97 of the Italian Copyright Act, the public displaying of the portrait of a person is not…

Case Law, European Union, Jurisdiction, Making available (right of)

(REALEX)/ /Leave a comment

“For the ECJ, in the meaning of Article 5(3) of the Regulation 44/2001, a harmful event may arise from the possibility of obtaining a reproduction of a work from an internet site accessible within the jurisdiction of the court seised.” In its judgement Pinckney v. KDG Mediatech AG of 3 October 2013 (case C-170/12), the…

Case Law, Communication (right of), Czech Republic, Liability

(London School of Economics)/ /1 Comment

In February this year, the Czech Supreme Court ruled that a mere posting of an embedded link that links to copyright-protected material, must be regarded as a communication to the public and therewith as a direct copyright infringement. The Court was either unaware of pending cases in Luxembourg, or too impatient to wait for the…

Case Law, Enforcement, France, Infringement, Jurisdiction, Neighbouring rights

(REALEX)/ /Leave a comment

“Civil proceedings for infringement of copyright are barred after 5 years from the day the holder of a right knew or should have known of the facts necessary to exercise his right.” In a judgement of 3 July 2013, the French Supreme Court clarifies the time limit for taking action to obtain damages for copyright…

Case Law, Infringement, Jurisdiction, Making available (right of), Moral rights, Slovakia

(London School of Economics)/ /3 Comments

“A young photographer, Ladislav Bielik, did what came naturally. He raised his camera and shot back.” Last week, people in Slovakia and Czech republic were commemorating the 45th anniversary of the Soviet invasion of  former Czechoslovakia. In August 1968, about 500,000 Soviet troops and most of their Warsaw Pact allies invaded Czechoslovakia, with tanks to halt…

Case Law, Infringement, Jurisdiction, Making available (right of), Netherlands

(Institute for Information Law (IViR))/ /1 Comment

“The occasional use of an unusual expression – such as “she has a black belt in shopping, so uh …” to describe the shopping behavior of Endstra’s wife  – is not enough to make a copyrighted work of an otherwise banal or trivial designed conversation.” Amsterdam Court of Appeal, 16 Juli 2013 (Endstra heirs vs….