“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…
On April 24, 2012 the Advocate General Yves Bot delivered his opinion in the UsedSoft case (C-128/11) concerning exhaustion in digital products that have not been distributed on a material carrier. I think this may be one of the more interesting and bold opinions in the area of copyright law, although I am aware the…
Yesterday, the European Parliament adopted a resolution by which it urges EU Member States to combat tax fraud and evasion. The resolution was adopted by a large majority, 538 votes in favour to 73 against. What could make this tax-resolution of interest for copyrightholders and holders of other IPR’s is the suggestion that very popular…
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…
Without much noise, France recently adopted Act Nr. 2012-287 of 1st March 2012 relating to the digital exploitation of unavailable books of the 20th century. Contrary to past initiatives from the French lawmaker, the Act does not relate to orphan works, but rather to out-of-commerce works. Or, more precisely: books. According to the explanatory memorandum…
UK: High Court Chancery Division, 23 March 2012, Seaton v Seddon. The members of the reggae band Musical Youth brought a case against their former solicitors with regards to the royalties due from a hit single: “Pass the Dutchie”. This song was an arrangement of another piece of music, entitled “Pass the Kouchie”. The claim in…
“It can be argued that the Commission looks at this type of decisions as a mandate to legislate, at least to a certain extent. The possibility of further harmonization based on a possible CJEU decision cannot therefore be ruled out.” On 29 March 2012 the Advocate General (AG) Jääskinen delivered his Opinion in Case C-5/11…
In the course of the implementation of the European telecommunications package, a set of proposals has been introduced to the Dutch Telecommunications Law (Telecommunicatiewet) to safeguard an open and secure internet for the Netherlands. The proposals include a net neutrality provision (Articles 7.4a and VIb of the draft amendment), an anti-wiretapping provision (Article 11.2a of…
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…
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…
