Case Law

Case Law, Collective management, Czech Republic, Jurisdiction, Making available (right of), Remuneration (equitable)

(Centre for Commercial Law Studies)/ /Leave a comment

“When providing healthcare in healthcare facilities, there is no obligation to pay remuneration for communication to the public of copyright works. But, is a hotel room where occasionally health treatment is performed a healthcare facility?” On 24 July 2012, Krajský soud v Plzni (Czech Republic) lodged a reference for preliminary ruling with the CJEU in…

Case Law, Greece, Infringement, Jurisdiction, Liability

(University of Cyprus)/ /1 Comment

“This finding could have been considered predictable, if it wasn’t for  a special provision in the Greek Constitution that safeguards participation in the information society.” Is obliging ISPs to cut off internet access to specific copyright infringing websites compatible with the Greek Constitution? That is one of the main questions that were answered by the…

Case Law, Germany, Infringement, Jurisdiction

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /Leave a comment

“It held that in the case of a normally developed 13-year old child the condition “fulfils the requirements of his duty to supervise” is met when the parents regularly advise and instruct their children on the fact that illegal activities such as file sharing shall not be permitted.” In a very recent case (I ZR…

Case Law, Estonia, Jurisdiction, Transfer (of right)

(Palladium Attorneys at Law)/ /Leave a comment

In its recent judgement in the Auto24.ee-case, the Estonian Supreme Court established that an authors’ agreement for assigning economical copyrights is deemed to be signed when the user of database accepts the general conditions imposed by the database owner. According to Article 49(1) of the Estonian Copyright Act though, an author’s contract shall be entered into in…

Case Law, Infringement, Italy, Jurisdiction, Originality

(Monducci Perri Spedicato & Partners)/ /1 Comment

“What seems to lack in the decision of the Court, at the end of the day, is a clear test of what constitutes a structural element in the ’embryonic stage’. Last 19 October 2012, the Italian Supreme Court published a decision on a case of plagiarism related to a literary work which told the true…

Case Law, Collective management, Germany, Infringement, Jurisdiction

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /3 Comments

“The judgment casts a spotlight on a distinct feature of collective rights management in Germany and the difficulties that may ensue for creators and users of musical creations who want to license such material under an alternative licensing scheme.” The case that came before the Local Court Frankfurt/Main concerned a dispute between the German Society…

Case Law, France, Liability

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

On 13 September 2012, three months after the first ruling in a case opposing the French TV channel, TF1, to YouTube, the Paris Court of First Instance (Tribunal de Grande Instance) issued a second judgment in a case opposing the same TV channel to Dailymotion. The facts of the two cases are quite similar but…

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

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /Leave a comment

By Benjamin Schütze, Institute of Legal Informatics, Leibniz Universität Hannover “Since its introduction in 2003, the provision marks the centre of a controversy between schools and institutions of higher education and copyright holders, especially publishing houses marketing a scientific – educational portfolio.” About the right to make available small parts of a work for illustration…

Case Law, France, Infringement, Liability

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

Lower courts have shifted from a notice and take down rule (provided by the e-commerce Directive and the LCEN) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal. However, on 12 July 2012, the Court of Cassation put an end to…

Case Law, Distribution (right of), European Union, Exhaustion, Making available (right of), Software

(Institute of Intellectual Property Law, Jagiellonian University Kraków)/ /1 Comment

“With a bit of pathos one may say that the CJEU has restored the old exhaustion principle to its full glory in the digital age. In order to do so the Court did not hesitate to be adventurous with legal interpretation and has also opened new fields for discussion.” On July 3 the CJEU delivered…