Jurisdiction

Communication (right of), European Union, Exceptions and Limitations, Infringement, Legislative process, Liability, Making available (right of), Reproduction (right of)

(Geistwert)/ /Leave a comment

When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new technologies and their business cases. The process for obtaining legal certainty may take some time, especially with regard to computer related technology: e.g., whilst…

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

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A. Introduction and Background In copyright law the term ‘communication to the public’ marks the boundary between use which has a copyright law relevance and use which does not. The interpretation of the term within EU member states is based on various EU directives. Of note however, is that the term communication to the public…

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

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On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian data-storage website. Users could then click on the following link, which would open a window that contained the button “DOWNLOAD NOW”. By…

Authorship, European Union, Italy, Legislative process, Making available (right of), Netherlands, United Kingdom

(Schulich School of Law )/ /Leave a comment

A report published by the EnDOW project on the “Requirements for Diligent Search in the United Kingdom, the Netherlands, and Italy” confirms what everyone suspected all along: the diligent search mechanism set up by the Orphan Works Directive is too cumbersome to lead to useful results. Consequently, the status of works held by cultural heritage…

Case Law, CJEU, European Union, Infringement, Remedies, Spain

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IN CASES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COMPENSATION FOR MORAL DAMAGES IS COMPATIBLE WITH PECUNIARY DAMAGES CALCULATED ON THE BASIS OF “HYPOTHETICAL ROYALTIES”.  Judgment of the CJEU of 17 March 2016 in Liffers, C-99/15 BACKGROUND This CJEU decision stems from legal proceedings brought in Spain by Mr. Liffers, the director, screenwriter and producer of…

European Union, Legislative process, Neighbouring rights, Subject matter (copyrightable)

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

The European Commission keeps sending us surprises. After December’s Communication on Modernizing Copyright, which contained a mixed bag of copyright goodies, we had expected just about anything but the announcement that followed on March 23rd. The European Commission has launched a public open consultation on ‘the possible extension’ of neighbouring rights to publishers. As we…

AG Opinion, Case Law, CJEU, Enforcement, European Union, Germany, Infringement, Injunction, Liability, Remedies

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

On 16 March 2016 the CJEU’s Advocate General Szpunar handed down his Opinion in case C-484/14, Mc Fadden. The case concerns the liability of Tobias Mc Fadden, the owner of a business selling lighting and sound systems in Munich. Mr Mc Fadden operates a Wi-Fi hotspot on the business’ premises, deliberately left unprotected by a…

Case Law, Fair Use, Infringement, Liability, Remedies, United Kingdom

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The English High Court found that an App which allows users to upload, share and view 8 second clips of cricket matches and other sporting events (on a near-live basis) infringed the copyright in the television broadcasts of those matches, and the films made during the course of the production of those broadcasts. England And…

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

(Bristows LLP)/ /Leave a comment

By Jeremy Blum and Sarah Watson, Bristows Ultrasoft Technologies Limited v Hubcreate Limited [2016] EWHC 544 (IPEC) On 16th February 2016 the Intellectual Property Enterprise Court (Hacon HHJ) handed down judgment in the copyright and database right dispute between software competitors Ultrasoft and Hubcreate. The case does not cite a single other judgment regarding the…

Authorship, Bulgaria, Case Law, Ownership

(Institute of Private International Law)/ /Leave a comment

The Supreme Administrative Court held that pursuant to § 2, para. 9 of the Law on Copyright and Related Rights (LCRR), permanent objects that represent the synthesis between architecture and other arts should be regarded as works of architecture. Under Article 12, para. 2 of the LCRR, copyright in a work of architecture, created after…