Jurisdiction

AG Opinion, Case Law, CJEU, Communication (right of), European Union, Infringement, Liability, Remedies

(CIPIL, University of Cambridge)/ /Leave a comment

On 8 February Advocate General Szpunar handed down his Opinion on Stichting Brein v Ziggo. The case is significant, as it represents the first time that the liability of an internet intermediary for copyright infringement will be considered by the CJEU. To date, all decisions handed down by that court on intermediary liability have instead…

Case Law, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

The California Supreme Court has been asked by the U.S. Court of Appeals in San Francisco to provide guidance on the question of whether California statutory or common law grants owners of pre-1972 sound recordings an exclusive right of public performance. This guidance is key to a lawsuit brought by Flo & Eddie, Inc.—owner of…

Case Law, Exceptions and Limitations, Fair Use, Infringement, Russia

(Lidings)/ /Leave a comment

In mid-February, the Russian Intellectual Property Court issued an interesting decision, in which it indicated when filmmakers have to obtain a copyright owner’s consent for use of a movie prop. Under the auspices of the case, Pan Press Publisher filed a lawsuit against Ren-TV TV Channel and AN-film Production Company claiming that its book cover…

Case Law, Moral rights, Switzerland

(University of Geneva)/ /Leave a comment

A full report of this case has been published on Kluwer IP Law. The Supreme Court held that in order to decide whether there has been an infringement of the personality rights of an architect by modifications to his work, it is necessary to establish the degree of intensity of relationship between the architect and…

Case Law, CJEU, Communication (right of), European Union, Infringement, Legislative process, United Kingdom

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

The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported back in 2015, this reference to the CJEU by the UK Court of Appeal followed an appeal by the claimant broadcasters against…

Case Law, CJEU, Communication (right of), Digital Single Market, European Union

(University of Cyprus)/ /Leave a comment

The right of communication to the public has proved to be one of the most intriguing concepts of EU copyright law. The CJEU has had to decide on its scope of application in a variety of cases both in the analogue (See the seminal SGAE case C-306/05) and in the digital world (See: Svensson case…

CJEU, Damages, Enforcement, European Union, Remedies

(Clifford Chance)/ /Leave a comment

On 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as “the Enforcement Directive”) does not prevent a national regulation from stating that when an intellectual property right (“IPR”) has been infringed, the IPR owner may claim an amount corresponding…

CJEU, European Union, Infringement, Liability, Remedies, Sweden

(Institute for Information Law (IViR)) and (Cirio Law Firm)/ /Leave a comment

Readers familiar with EU copyright law will recall that national courts of the EU Member States are able to issue injunctions against ISPs (providers of internet access) ordering them to prevent their customers from accessing websites infringing copyright by blocking access to the websites (UPC Telekabel Wien v Constantin Film C-314/12) by reference to Article…

Case Law, France, Infringement, Liability

(REALEX)/ /1 Comment

A full report of this case has been published on Kluwer IP Law. The French Supreme Court upheld a judgment of the Court of Appeal of Paris that found an individual guilty of reproducing sculptures of Rodin, stating that the infringement of rights in a work that has fallen into the public domain consists of…