Hospital infringed on credentialing service’s copyright by using forms, but the infringement began when the forms were not yet registered. A medical credentialing support service is barred from recovering statutory damages and attorney’s fees for a hospital’s use of its credentialing forms after their relationship ended, the U.S. Court of Appeals for the Fifth Circuit…
Part I of this post discussed the current position of host providers and the changes that will be brought about by Article 17. Part II addresses the major problems in relation to Article 17 and how it should be implemented to try and minimize these. The host provider privilege as a safeguard for a diverse…
On July 6, the EU adopted the Directive on Copyright in the Digital Single Market (DSM Directive), following heated discussions of Articles 15 (formerly 11) and 17 (formerly 13) in particular. In Germany, tens of thousands of people took to the streets to demonstrate against the planned legislation in the lead-up to the vote in the European Parliament…
Ed Sheeran’s ‘Shape of You’ was a giant hit of the last decade, a runaway success story – well almost. There is a fly in the ointment. Sami Chokri (a.k.a. Sami Switch) is claiming Sheeran and his fellow songwriters infringed his copyright, copying part of the chorus of ‘Oh Why’. You can hear the two…
1. Italian Case Law on Fast Injunctions The impact of the illegal distribution of audiovisual content is growing (see, for Italy, the report issued in 2019 by FAPAV Federation for the protection of audiovisual and multimedia content). IP enforcement is an important part of the reaction against this illegal phenomenon. In 2019, some important improvements…
Factual questions precluded deciding novel legal issues regarding the scope of MMA’s preemption of state-law infringement claims involving pre-1972 sound recordings and whether Pandora qualified for the preemption defense. The U.S. Court of Appeals in San Francisco has returned a case to the federal district court in Los Angeles to consider in the first instance…
Relying on obviously insufficient oversight mechanisms for discovering copyright infringement can constitute willful infringement. A California district court erred when it reduced a $460,800 jury verdict by $109,700 for lack of proof of willful infringement in a copyright infringement suit by Greg Young Publishing, Inc., against online marketplace Zazzle because recklessness can constitute willful infringement,…
The recent decision in Warner Music & another v TuneIn Inc [2019] EWHC 2923 (ch), was the first time the English Courts have forensically assessed the implications of CJEU decisions such as GS Media and Svensson on communication to the public over the internet. Many of us have been left bemused by the concepts the…
The question of whether the plaintiffs’ allegedly infringed lyrics were sufficiently original to be copyright-able was a fact-intensive issue that should not have been determined on the pleadings. The U.S. Court of Appeals in San Francisco has revived a copyright infringement lawsuit against pop star Taylor Swift and others over song lyrics allegedly copied and…
Earlier this month, the Constitutional Tribunal of the Republic of Poland issued a long-awaited judgment on the assessment of constitutionality of Article 79(1)(3)(b) of the Copyright and Related Rights Act (judgment of 5 November 2019, reference no. P 14/19). This provision entitles the entity whose copyright has been infringed to demand from the infringer a…
