Jurisdiction

Case Law, Infringement, Jurisdiction, Subject matter (copyrightable), United Kingdom

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UK:  Lucasfilm Ltd & Ors v Ainsworth & Anor, Supreme Court, 27 july 2011. Helmets and harmours created for the characters of the Imperial Stormtrooper in the film Star Wars are not “sculptures”, and therefore are not copyrightable subject matter within the Copyright, Designs and Patents Act 1988. Nevertheless, a claim for infringement of a…

Case Law, Collective management, Jurisdiction, United Kingdom

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UK: CSC Media Group Ltd v. Video Performance Ltd, Court of Appeal Civil Division, 27 May 2011. Collective management: The Court of Appeal reversed the High Court’s judgement and reinstated the decision of the Copyright Tribunal in respect of the royalty rate payable by CSC Media Group to Video Performance Limited (VPL) for the use…

Case Law, Finland, Jurisdiction, Liability, Making available (right of), Reproduction (right of)

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Finland: Finreactor I, Supreme Court (Korkein oikeus), 30 June 2010. Filesharing: The defendants were administrators of the Finreactor BitTorrent file sharing network. The networks’ users could illegally download copyrighted works. The network was built so that the files were not available on the Finreactor’s site but resided on users’ own computers. Finreactor had a tracker…

Belgium, Case Law, Collective management, Exceptions and Limitations, Legislative process, Remuneration (equitable)

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

On 19 November 1992, the European Council adopted the Directive 92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property (now replaced by Directive 2006/115/EC), which provides an exclusive right to authorize or prohibit the rental and lending of originals and copies of copyrighted works….

Denmark, Infringement, Legislative process, Liability

(Department of Business Law, Lund University)/ /Leave a comment

A Committe set up by the Danish Government has recently proposed concrete initiatives to strengthen the enforcement of copyright on the Internet. The Committee identified four primary focus areas: enforcement of copyright on the Internet, legal business models, increased consumer awareness and sending information letters. In addition, the Committe rejects so-called compensation models according to…

Collective management, Spain

(IE University (Segovia, Spain))/ /1 Comment

Not a day had elapsed since elections to the board of directors at the Sociedad General de Autores y Editores (SGAE), Spain’s largest copyright collecting society, when civil guard officers suddenly raided its headquarters at Palacio de Longoria, in downtown Madrid last July 1. Workers were quickly sent out of the landmark modernist building, following…

Collective management, Exceptions and Limitations, Legislative process, Remuneration (equitable), Reproduction (right of), Spain

(European Audiovisual Observatory )/ /Leave a comment

In a somewhat surprising move, on 12 July 2011 the lower house of the Spanish Parliament urged the Government to abolish the so-called “canon digital” (the private copying levy on digital media) and replace it by a “less arbitrary and indiscriminate system” that provide rightsholders with a “fair and equitable remuneration based on the effective…

European Union, Software, United Kingdom

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Guest Blog by Pamela Samuelson, Berkeley Law School Are programming languages, program functionality, and data interfaces protectable by copyright law or not? These questions were highly contentious in the United States during the mid-1980s to the mid-1990s. Plaintiffs in several cases argued that because these were parts of the “structure, sequence, and organization” (SSO) of…

Communication (right of), European Union

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On the 24th of May 2011 the European Commission has issued a Communication containing its Intellectual Property Rights (IPRs) strategy. The document has a promising title: “A Single Market for Intellectual Property Rights. Boosting creativity and Innovation to provide economic growth, high quality jobs and first class products and services in Europe.” In short, the…