The right of communication to the public is set out in Article 3(1) of Directive 2001/29/EC (the Copyright Directive or Infosoc Directive), which requires that EU member states must provide authors with the exclusive right to authorise or prohibit any communication to the public of their works by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.
It cannot have evaded the notice of anyone interested in copyright matters that Judge Chin at a New York federal district court recently has rejected the so-called Google Book Settlement (GBS). While holding that “the digitization of books and the creation of a universal digital library would benefit many”, Judge Chin argued that the GBS…
In case C 393/09, the ECJ decided that a GUI is not a form of expression of a computer program and cannot therefore be protected by copyright as a computer program under Directive 91/250/EEC. Indeed, that directive protects the forms of expression of a computer program and the preparatory design work capable of leading, respectively,…
According to the Austrian Supreme Court, the EU Copyright Directive 2001/29/EC harmonises the right of communication to the public, assuming a consistent European term of publicity. The right of communication to the public is characterised by an element of distance. Therefore, the distribution by a hotel of a broadcast via TV to the TV-sets situated…
The football leagues in Europe seem to be on a losing streak in Luxembourg. On February 17 the European Court of Justice pronounced that Member States may reserve television coverage of FIFA World Cup events to free-to-air public broadcasters, on the basis of nationally drawn-up lists of ‘events of major importance’, as defined in the…
