European Union

Case Law, Digital Single Market, Distribution (right of), European Union, Exceptions and Limitations, Remuneration (equitable)

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On June 16, Advocate General (AG) Spuznar delivered his opinion in Case C‑174/15 Vereniging Openbare Bibliotheken v Stichting Leenrecht. The case emerged from a dispute between VOB, the association of Dutch public libraries, and a foundation entrusted with collecting the remuneration for lending which is due to authors.  In VOB’s view, the lending of electronic…

Case Law, CJEU, Collective management, European Union, Exceptions and Limitations, Private copying, Remuneration (equitable), Spain

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In response to a reference from the Spanish Supreme Court, the CJEU held that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as precluding a scheme for fair compensation for private copying like the Spanish system, which is financed from the General State Budget in such a way that it is not possible to ensure that…

Brexit, European Union, Legislative process, United Kingdom

(Bristows LLP)/ /Leave a comment

BREXIT will obviously have an impact on some of the intellectual property regimes the UK will operate under in the post-EU world, but will it have a significant impact on the copyright regime in the UK? Copyright is probably the intellectual property right that is the least harmonised in the EU. There have been attempts…

Case Law, CJEU, Communication (right of), European Union, Infringement

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

The CJEU considered that where the operator of a rehabilitation centre installs television sets at its premises, to which it transmits a broadcast signal thereby enabling patients to view television programmes, and this affects the copyright and related rights of a wide range of interested parties, it must be determined whether such a situation constitutes…

Brexit, European Union, United Kingdom

(University of Cyprus)/ /1 Comment

The UK electorate’s vote to leave the European Union has been perceived as a bolt from the blue. After the initial shock, the potential legal and business implications of Brexit have been widely discussed. In the field of IP, the main concern has been to predict how UK IP business and law will be affected….

Case Law, CJEU, European Union, Exceptions and Limitations, Jurisdiction, Private copying, Remuneration (equitable)

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In this decision, the CJEU tackled an international jurisdiction issue, since what was essentially under debate in the main proceedings was the applicability of Article 5(3) of Regulation 44/2001 on jurisdiction in civil and commercial matters, which enables, in matters relating to tort, delict or quasi-delict, persons domiciled in one Member State to be sued…

Case Law, CJEU, Communication (right of), European Union, Infringement

(Bristows LLP) and (Bristows)/ /Leave a comment

The CJEU has recently ruled on yet another case seeking to determine the meaning of ‘communication to the public’, this time in the context of broadcasting television to patients in a rehabilitation centre (Reha Training Gesellschaft für Sport- und Unfallrehabilitation mbH v Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA), C-117/15). Readers will be aware…

Case Law, Collective management, European Union, Exceptions and Limitations, Liability, Private copying, Remuneration (equitable), Spain

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

1                Background, facts and questions On 9 June 2016 the CJEU ruled on Case C-470/14 – EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private copying exception or limitation in Article 5(2)(b) of Directive 2001/29/EC (the ‘InfoSoc Directive’) after Padawan, Stichting de Thuiskopie, Luksan, VG Wort,…

Austria, Case Law, Collective management, European Union, Jurisdiction, Liability, Remuneration (equitable)

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The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be considered to be a matter relating to tort, delict or quasi-delict and, therefore, whether Article 5(3) of Regulation 44/2001 on jurisdiction in civil…

European Union, Legislative process, Neighbouring rights, Press Publishers ’ Right

(Brinkhof)/ /1 Comment

There are just three days to go until the European Commission’s public consultation on “the role of publishers in the copyright value chain” closes and those who have not yet responded to the consultation should consider doing so. Although the Commission’s explanatory statement hardly makes this clear, it is considering a legislative initiative that could…