Enforcement

Case Law, Collective management, Enforcement, Infringement, Jurisdiction, Latvia, Remuneration (equitable)

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“The Radio Company cannot be declared guilty for breach of copyright (illegal use of musical works), although no written agreement has been concluded. In Latvia, criteria for stipulation of the amount of remuneration are not given in the Copyright Law.” In 2006 the Autortiesību un komunicēšanās konsultāciju aģentūra / Latvijas Autoru apvienība, the Copyright and Communication…

Case Law, Enforcement, Exceptions and Limitations, Fair Use, Infringement, Jurisdiction, Spain

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By Raquel Xalabarder, Universitat Oberta de Catalunya “This ruling is very good news for the recent doctrinal attempts to bring some flexibility in the way copyright laws are being interpreted and applied.  It is difficult to predict the impact that this ruling may have in successive case law, but it is certainly an important milestone…

Communication (right of), Enforcement, Infringement, Jurisdiction, Legislative process, Making available (right of)

(Department of Business Law, Lund University)/ /Leave a comment

Copyright law has developed in close connection with technological evolution. This is particularly true of digital technologies, especially the Internet, which, since the mid-1990s, has generated both vast opportunities and enormous challenges for the copyright system. Geographical distance is no longer an obstacle to the dissemination of works, which can now take place at virtually…

Case Law, Enforcement, Infringement, Liability, Netherlands

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

The Dutch Court of Appeal in Leeuwarden has ruled in favor of an online market platform with regard to its liability for intellectual property infringements and the burden of policing for unlawful use of its platform. The case between Stokke, the producer of the Tripp Trapp highchair, and Marktplaats, an eBay subsidiary and the most…

Case Law, Enforcement, Infringement, Jurisdiction, Liability, Netherlands, Technological measures

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

On 10 May, the District Court of The Hague extended an earlier ruling with regard to two access providers to block The Pirate Bay to several major Dutch access providers.  The providers lament the ruling and consider appealing it, but soon more than 90% of the Dutch market blocks the infamous website. On the same…

Case Law, Enforcement, Infringement, Italy, Jurisdiction, Liability

(KU Leuven Centre for IT & IP Law)/ /1 Comment

In recent years, Italian courts have struggled to create a new figure, the ‘active hosting provider,’ whereby providers that do not offer any content themselves, can nonetheless be held liable with regard to their (commercial) activities in relation to infringing content that was uploaded by users. On the one hand, it could be argued that…

Case Law, Enforcement, European Union, Legislative process, Remedies, Sweden

(Department of Business Law, Lund University)/ /Leave a comment

“One could say that the CJEU by its decision in the Bonnier-case has “defended” or “safeguarded” the right of civil enforcement by right holders against direct online infringers.” As with enforcement of rights in the analogue environment, enforcement of copyright online presupposes that the infringer is identified or that an intermediary takes action. However, it can…

Case Law, Enforcement, Infringement, Liability, United Kingdom

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UK: High Court Chancery Division, 26 March 2012,  Golden Eye (International) Ltd v Telefonica UK Ltd. Copyright owners (‘owners of the copyrights in pornographic films’) brought a claim for Norwich Pharmacal relief (“If through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their…

Enforcement, France, Jurisdiction, Legislative process

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

In this period of French presidential campaign, the HADOPI law has become a popular and recurrent topic. Most of the candidates have expressed an opinion (more or less constant) on the future of the law (whether to amend it, replace it, abrogate it or keep it as it is). This blog is certainly not the…

Enforcement, European Union, Jurisdiction, Legislative process

(University of Cyprus)/ /Leave a comment

What would be the ingredients of a magic formula for better IPR enforcement on the Internet? Has the time come for a horizontal harmonization for notifying and acting on illegal on line content? In a period where the ratification of ACTA is ranked highly in the political agenda of European governments, the European Commission is…