Case Law

Case Law, Distribution (right of), Exceptions and Limitations, Exhaustion, Making available (right of), Transfer (of right)

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The question, whether software licences for computer programs that were purchased in an intangible form (via download from the sellers’ server) can be resold by the first acquirer and used by the second buyer without consent of the right holder, has to be interpreted in light of the computer program directive 2009/24/EG. A full summary…

Belgium, Case Law, Collective management, Ownership

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

BELGIUM – In a case of SABAM (the Belgian Society of Authors, Composers and Publishers) versus a counterfeits dealer, the Belgian Supreme Courts finds that in litigations against copyright infringers, collecting societies can prove the existence of management contracts pertaining to some works by solely producing the official repertoire listing that they mandatorily have to…

Case Law, Denmark, Infringement, Liability, Remedies

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DENMARK – An end user of the Direct Connect file sharing network was found liable for copyright infringements. However, the Supreme Court did not agree with the right holders (respondents) that the extent of the infringements was sufficiently documented and overturned the evidence (a list of files) provided by right holders. Also, the Supreme Court…

Case Law, France, Infringement, Liability

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

On 3 May 2011, the Paris Court of Appeal dismissed the claims of copyright infringement brought by the Syndicat National de l’Edition Phonographique (SNEP- trade association of the French recording industry) against Google. Since 2008, the search engine is proposing a service, Google Suggest, which guesses and suggests a list of keywords in real time…

Case Law, Poland, Transfer (of right)

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

The commented decision may at first glance appear to be of limited importance only, but after closer examination it contains two interesting points of more general significance. The basic facts are the following: the plaintiff, a collecting society ZAIKS, brought a claim against two companies demanding payment for selling copies of the film “Rejs” (“Cruise”),…

Case Law, European Union, Originality, Reproduction (right of), Subject matter (copyrightable)

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The Advocate General’s Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., parts of which have already been discussed in an earlier blog post (here), also deals with the copyrightability of portrait photos. In this case, German and Austrian newspaper publishers had published portrait photos of Natascha Kampusch, and a photo-fit based on one…

Case Law, European Union, Exceptions and Limitations

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On 12 April 2011, Advocate General Trstenjak delivered her Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., in which the ECJ has been asked to give preliminary guidance on various questions concerning copyright in portrait photos used in news reports. Eva-Maria Painer, a professional photographer, produced portrait photos of Natascha Kampusch prior to…

Case Law, Infringement, Subject matter (copyrightable), United Kingdom

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In the appeal of a case concerning allegations of infringement of IP rights in live football statistics sites, the Court of Appeal rejected the claimant’s copyright claim, affirming the high standard of subsistence in a database under Article 3(1) which must go beyond ‘mere data’ to involve some ‘creative skill’. Concerning the sui generis right,…

Case Law, Liability, United Kingdom

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Kitchin J granted an order for security for costs under rule 24.6 CPR against the claimant in a copyright infringement case. While remaining sensitive to the right of access to the court of the claimant and acknowledging that security for costs should only rarely be ordered solely where the case appears weak, the judge considered…

Case Law, Database right, Jurisdiction, United Kingdom

(Centre for Commercial Law Studies at Queen Mary, University of London)/ /Leave a comment

By Gaetano Dimita The football data clashes continue. This time, the Court of Appeals decided to bring an important aspect of the Dataco case (as mentioned here) to the attention of the Court of Justice: Hearing the appeal and cross appeal on Football Dataco Ltd, The Scottish Premier League Limited, The Scottish Football League Limited…