“When it is established or not contradicted that a reasonable remuneration has been offered, additional circumstances will be necessary in order to conclude that publication is indeed illegitimate.” In an interesting case about the portrait rights of the legendary Dutch football (soccer) player Johan Cruijff, the Supreme Court of the Netherlands recently ruled that a…
“The BGH thus insinuates that framing may be a yet “unnamed right of exploitation” within the scope of Art. 15(2) Copyright Act.” On 16th May 2013 the first Senate of the German Federal Court of Justice (BGH), delivered its judgment in another case revolving around the issue of hyperlinking or framing. If one had hoped…
“The Cabinet of Ministers has failed to assess impact of technology development onto blank tapes and equipment to be used for reproduction and thus imposable with blank tape levy.” (Judgement Constitutional Court, 14.3). Last year, the Satversmes tiesa, the Constitutional Court of Latvia, had to deal with the first copyright case since its establishment in…
“The Supreme Court considers that the participants in the reality TV program had no role to play and that there was no text. They were simply asked to be themselves and express their reactions to the situations they faced. The artificial nature of these situations was not enough to give them the quality of actors.”…
“The law of the country where protection is sought governs all matters relating to the exercise and enjoyment of copyright, including the determination of the rights holder.” Article 5(2) of the Berne Convention for the Protection of Literary and Artistic Works provides that “The enjoyment and the exercise of these rights shall not be subject…
In a recent judgment, following the preliminary Infopaq-rulings of the European Court of Justice, the Danish Supreme Court ruled that extracts of newspaper articles comprising no more than 11 words can be works protected by copyright. The use of extracts that are the results of a process of data capture undertaken by the media analysis…
“The Supreme Court puts an end to a French oddity and makes the business of music synchronisation safer. (…) The Supreme Court took the opportunity to settle two major issues in French neighbouring rights: (1) a collective management organisation may only take action for the defence of its own members; (2) the collective agreements entered…
“The viewer will not experience it as real and will even consider it to be weird, amateurish or even ridiculous.” In a case about the use of the ‘house style’ of the Dutch police, the summary proceedings judge District Court Amsterdam ruled this week that the Dutch State has to give permission to the producer…
“The law does not allow for additional protection of the maker of a work against so-called slavish imitation of a style or of elements of style.” Supreme Court of the Netherlands, 29 March 2013 (Duijsens/Broeren). Although the legal concept of coat-tail riding is usually associated with trademark law, it is certainly not unfamiliar to copyright law….
ECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. The criminal conviction of the co-founders of The Pirate Bay for infringement of copyright does not violate…
