Jurisdiction

Collective management, Communication (right of), Italy, Making available (right of), Neighbouring rights, Remuneration (equitable)

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On 15 March 2012 the CJEU has ruled two cases where it had been asked to decide whether producers of phonograms (or the collecting society on their behalf) are entitled to obtain equitable remuneration when a user allows its clients to hear the phonogram by way of background music in a place subject to his…

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…

Authorship, Case Law, Estonia, Jurisdiction, Ownership

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Estonian Supreme Court, 7 February 2012, Case No3-2-1-155-11,  Herlitz PBS AG vs. Realister OÜ (plaintiff in the prededing proceeding). The Estonian Supreme Court found in its recent judgement in the Realister case that the presumption of authorship as laid down in the Sections 4(6) and 29(1) of the Estonian Copyright Act (hereinafter referred to as…

Case Law, Infringement, Jurisdiction, United Kingdom

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Patents Court London, 12 January 2012, Temple Island Collections Ltd v New English Teas Ltd & Nicholas John Houghton. A photograph of a red Routemaster bus travelling across Westminster Bridge with the Houses of Parliament and the bridge shown in gray, which shares visually significant elements with the claimant’s photograph, infringes copyright, despite the fact…

Belgium, Case Law, Originality

(Marx, Van Ranst, Vermeersch & Partners)/ /1 Comment

On 26 January 2012, the Belgian Supreme Court decided to quash an appeal decision deeming that “when requiring that a work must show the stamp of the author’s personality in order to benefit from copyright protection, the judges of appeal do not validate their decision in law”. According to the Supreme Court, a literary or…

Authorship, Database right, European Union, Jurisdiction

(The University of Nottingham)/ /10 Comments

Summary & comment by Dr. Estelle Derclaye, Associate Professor and Reader in Intellectual Property law, University of Nottingham, School of Law. “The crux of the judgment comes at paragraph 42 when the court clearly states that skill and labour in the selection or arrangement of the data, even if significant, is not sufficient as such…

Austria, Authorship, Case Law, European Union, Remuneration (equitable)

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On 9 February 2012, the Court of Justice of the European Union issued its judgment in the case Martin Luksan v. Petrus van der Let (Case C-277/10) opposing a film director to a film producer on the exploitation rights of the film “Fotos von der Front”. The case was brought by the Wien Handelgericht (Commercial…

Collective management, European Union, Legislative process, Making available (right of), Ownership, Reproduction (right of)

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The Proposal for a Directive on certain permitted uses of orphan works, introduced in the European Parliament on 24 May 2011, has been following its merry way through the legislative meanders ever since. The debates around the text of the proposal are heating up right now, for the European Commission pushes for rapid adoption while…

Enforcement, European Union, Jurisdiction, Legislative process

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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…

Case Law, Communication (right of), Infringement, United Kingdom

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High Court Chancery Division, 3 February 2012, Football Association Premier League v QC Leisure. Further to a referral to the ECJ on, inter alia, the meaning of “communication to the public” under art. 3 of the Directive 2001/29 (Case C-403/83), the High Court ruled that the showing of broadcasts (football matches) via television screens and…