Jurisdiction

Case Law, Enforcement, Infringement, Liability, Remedies, Spain

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On 5 March 2015, the Spanish National High Court convicted the administrators of the website Youkioske of an aggravated intellectual property offence and of promoting and establishing a criminal organisation.  The judgment can be deemed ‘historic’ since it is the first time that the operators of a downloads site have faced a penalty of this…

Case Law, CJEU, European Union, Private copying, Technological measures

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On March 5, 2015 the Court of Justice of the European Union (the ‘Court’ or ‘CJEU’) ruled on Case C-463/12 Copydan Båndkopi v Nokia Danmark A/S (‘Copydan’). The case marks the seventh occasion on which the Court has ruled on the issue of the private copying limitation under art. 5(2)(b) Directive 2001/29/EC (the ‘Directive’), following…

Enforcement, Infringement, Legislative process, Remedies, Russia

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

On 1 May 2015 a new, second, ‘anti-piracy’ law [1] will take effect in Russia. This law amends the provisions on preliminary interim blocking injunctions for intermediaries introduced by the first anti-piracy law, which took effect on 1 August 2013. In the opinion of this blogger, the new law, like its predecessor, will barely affect…

Austria, Case Law, Enforcement, Infringement, Remedies

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On June 24, 2014, the Austrian Supreme Court ruled that the Austrian internet service provider UPC Telekabel Wien GmbH must block access to copyright infringing websites.  The Supreme Court noted that, in accordance with the ruling of the Court of Justice of the European Union in Case C-314/12, such an injunction leaves its addressee to determine the specific measures to…

Case Law, CJEU, European Union, Remuneration (equitable), Transfer (of right)

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An auction house may transfer the responsibility of paying the artist’s ‘droit de suite’ from the seller to the buyer. This judgment, rendered by the European Court of Justice on 26 February 2015 in response to a reference from the French Supreme Court, will satisfy the auction houses and art dealers in Europe (Christie’s France…

Legislative process, Moral rights, Originality, Remedies, Turkey

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A brief outline of the copyright protection granted for architectural designs In Article 2/1,  the Berne Convention counts architectural works, together with plans, sketches and three-dimensional works relative to architecture, as copyrightable subject matter. Turkish law treats architectural creations in two different categories: as “literary works” and “works of fine art”. Accordingly, under Law No…

Collective management, Enforcement, Legislative process, Private copying, Remedies, Spain

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The latest large-scale reform of the Spanish Copyright Act was published on 5 November 2014.  The key aspects of the reform are discussed here.  The bulk of the opposition to the reform contends that two provisions of the Act, namely, the new regulation for private copying and the imposition of a “one-stop shop” system, breach the…

Case Law, Collective management, Spain

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In a recent decision, the Spanish Market and Competition Commission (CNMC), imposed a fine of 3.1 million Euros on the Spanish collecting society, SGAE, for demanding an excessive fee for concert licensing. This decision is of particular interest because the Spanish competition authority has taken a new approach when interpreting the European law on the method of analysing the fairness…

Case Law, Infringement, USA

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Please click here to find US copyright cases from the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case. Recently added from our US IP Law Daily service: Gaylord v. U.S., United States Court of Appeals, Federal Circuit, No. 2014-5020, 4 February…

Case Law, CJEU, European Union, Jurisdiction, Remedies

(London School of Economics)/ /Leave a comment

Is the mere accessibility of a copyright infringing website sufficient to establish jurisdiction in a Member State? The Court of Justice of the European Union says a resounding “yes” in Pez Hejduk C-441/13. The decision does not come as a big surprise, given the earlier (in)famous Pinckney C-170/12 ruling (reported on this blog here) –…