Jurisdiction

Belgium, CJEU, Collective management

(Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles) and (Crowell & Moring, Brussels)/ /Leave a comment

Background On 8 September 2022, the Brussels court of appeal delivered a long-awaited judgment in a case between the collective management organisation “Belgian Association of Authors, Composers and Publishers” (“SABAM”) and a wide array of music festival organisers in Belgium, the overarching Federation of Music Festivals in Flanders (“FMFF”) and British direct licensing company Pace…

CDSM Directive, Digital Single Market, France, Performers' Rights, Remuneration (equitable)

(REALEX)/ /Leave a comment

Order no. 2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). In a ruling of 15 November 2022, the French administrative Supreme Court annulled the transposition Order to the extent that it does…

Collective management, Contract, European Union, Italy, Remuneration (equitable)

(Luiss Guido Carli University)/ /2 Comments

The removal of SIAE’s repertoire from Meta’s social networks “This song is currently unavailable” or “The audio track in your reel is no longer available. You can replace the audio track once, which will also remove any original audio in your reel”. These are some of the messages appearing on Instagram or Facebook to users…

AG Opinion, Case Law, CDSM Directive, CJEU, Communication (right of), Contract, European Union, Exceptions and Limitations, Legislative process, Private copying, Reproduction (right of)

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. This includes Court of Justice (CJEU) and General Court…

CJEU, Design Rights, European Union, Legislative process, Originality

, (Max Planck Institute for Innovation and Competition)/ /Leave a comment

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views.     On 28 November 2022, the EU Commission published proposals for amendment of the Design Regulation and for recast of…

Case Law, Infringement, USA

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

The limitation might have failed in an earlier period, but more recent precedents were more forgiving. Parties to a photo image license were free to contract for a two-year statute of limitations under California law, the U.S. Court of Appeals for the Ninth Circuit has held. The court, in an unpublished opinion, also affirmed a…

Infringement, Italy, Ownership

(University of Trento)/ /1 Comment

In late 2022, the Court of Venice issued an interesting order restraining the use of the image of a well-known piece of Renaissance art by Leonardo da Vinci: the Study of the Proportions of the Human Body in the Manner of Vitruvius, also known as the Vitruvian Man.[1] The artwork is held by the Italian…

Austria, CJEU, European Union, Infringement, Private copying, Remuneration (equitable)

(Johannes Kepler University Linz / University for Continuing Education Krems)/ /Leave a comment

Despite the increasing use of streaming services, where media content is not stored on local devices, but merely accessed online, the private copying exception (Art 5(2)(b) InfoSoc Directive) remains at the center of European jurisprudence.  In the Austro-Mechana v. Strato case, the Austrian courts have to decide whether the remuneration for private copying must also be…

Case Law, Exceptions and Limitations, Italy

(University of Trento)/ /Leave a comment

On 30 December 2022, the Italian Supreme Court (Corte di Cassazione) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l. 633/1941, l.aut.). The decision concerns an advertising campaign of a mineral water company. The commercial video promoting the mineral water features a…