Jurisdiction

Belgium, Case Law, Enforcement, Exceptions and Limitations, Infringement, Liability, Making available (right of), Remedies, Technological measures

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

This sentence summarizes quite well the decision of the Antwerp Court of Appeal of 26 September 2011 which it is abstracted from. The Belgian Anti-piracy Federation filed a cease and desist action against Telenet and Belgacom, two Belgian ISPs, in order to make them block The Pirate Bay’s websites in their respective networks. In first…

Belgium, Case Law, Enforcement, Infringement, Remedies

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

In this post, I would like to come back to an interesting decision of the Belgian Cour de Cassation of 7 October 2010, which confirmed that a cease and desist action could be successfully sought against a copyright licensee. As usual, the Supreme Court’s decision is quite concise and does not extensively detail the facts….

Case Law, Portugal, Subject matter (copyrightable)

(Maastricht University)/ /Leave a comment

On 30 June 2011, the Lisbon Court of Appeals has issued its decision in case 323/07.8TVLSB.L1-2 (unfortunately there is no English translation of this). The facts of the case are as follows: a company wanted to hire an artist to create a sculpture, and for that purpose it received a few proposals from different artists….

International Agreement, USA

(Schulich School of Law )/ /Leave a comment

The global intellectual property landscape has witnessed important changes in recent years. Most notably, the public interest dimension of intellectual property has emerged as a paramount concern. Though there seems to be a fairly broad agreement on the need for a more balanced intellectual property system which effectively promotes innovation, views diverge on how to…

Exceptions and Limitations, Legislative process, Private copying, United Kingdom

(Centre for Commercial Law Studies at Queen Mary, University of London)/ /Leave a comment

[By Dr Luke McDonagh} The UK Government’s response to the Hargreaves’ Review includes the approval of a number of THE reports recommendations, the main ones being the acceptance of the need for a new procedure to clear and license orphan works, and the acceptance that some form of Digital Copyright Exchange is required. With regard…

European Union

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

Territorial licensing of media content has for some time now been a painful stumbling block in the realization of the EU’s ambitious vision for a common, European-wide audiovisual market. One, if not the most important reason why online audiovisual viewers are continuously reminded that the internet is not as borderless as they thought it was…

Case Law, Exceptions and Limitations, Netherlands, Remuneration (equitable)

(Schulich School of Law )/ /Leave a comment

The summer is no longer quiet for the communications departments of most public sector organizations across the Netherlands! The age long practice of circulating hard copies of newspaper clippings among the employees of an organization is seriously compromised following a decision of the Court of appeal of Leeuwarden. On 13 July, the Court ruled that…

Case Law, Communication (right of), Distribution (right of), Exceptions and Limitations, Infringement, Jurisdiction, Making available (right of), Reproduction (right of), United Kingdom

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UK: ITV Broadcasting Ltd v TV Catchup Ltd High Court of England and Wales (Patents Court), 18 July 2011 Live-streaming: In a case on internet live-streaming retransmission of TV broadcasts and films, the High Court ruled that the introduction in the UK Copyright Act of a general right of communication to the public with respect…

Infringement, Italy, Legislative process

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On July 6, 2011 the Italian Communications Authority (AGCOM) approved the “Draft regulation regarding copyright protection on the electronic communications networks”, currently subject to a 60-day public consultation. As mentioned in my previous posts, AGCOM’s proposal of new rules for the protection of copyright in Internet and audiovisual media services was heavily criticized because of…