Spain

Digital Single Market, European Union, Germany, Legislative process, Making available (right of), Press Publishers ’ Right, Reproduction (right of), Spain

(Berkeley Law School)/ /2 Comments

This article will be forthcoming in the March 2019 issue of Communications of the ACM, a computing professionals journal. The editors of Communications of the ACM have given permission for it to be pre-published for the Kluwer Copyright Blog.         Should European press publishers be granted a new intellectual property (IP) right…

Case Law, Database right, Infringement, Spain

(Elzaburu)/ /Leave a comment

The Spanish Supreme Court dismissed the cassation appeal filed by the Spanish affiliate of the American group IMS HEALTH against the judgment of the Provincial Appellate Court of Madrid ordering them to pay damages of 5 million euros for misappropriating and selling part of the content of a database developed by the claimant company. INFONIS,…

Collective management, European Union, Legislative process, Spain

(Elzaburu)/ /1 Comment

14 April 2018 saw the entry into force of Spanish Royal Decree-Law 2/2018, of 13 April, amending the wording of the Spanish Copyright Act. This reform transposes two Directives into Spanish law, namely: Directive 2017/1564 of the European Parliament and of the Council on certain permitted uses of certain works and other subject matter protected…

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

(Elzaburu)/ /Leave a comment

The Spanish court has recently given judgment in proceedings brought by various audiovisual producers belonging to the Motion Picture Association of America (MPAA), against a number of telecommunications companies who provide Internet access. The proceedings were aimed at having the latter take measures to block Internet access to certain websites that were making protected audiovisual…

CJEU, Exceptions and Limitations, Legislative process, Reimbursement, Spain

(Elzaburu)/ /1 Comment

Back in December last year, we reported –on this blog– on the legal vacuum left in the wake of the Spanish Supreme Court’s judgment declaring the system for financing private copying null and void. As you will recall, from 2012 to 2016 fair compensation for private copying was financed in Spain from the General State…

Case Law, Originality, Spain

(Elzaburu)/ /Leave a comment

A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. In this judgment, the Spanish Supreme Court ruled on the concept of originality in respect of architectural works, and for the first time established clear and specific guidelines for applying copyright…

Authorship, Case Law, Originality, Ownership, Remedies, Spain, Subject matter (copyrightable)

(Elzaburu)/ /Leave a comment

The Spanish Supreme Court has recently ruled on the concept of originality in respect of architectural works, and for the first time has established clear and specific guidelines for applying copyright protection to works of this nature. The situation which gave rise to the proceedings is very common in the architectural sector. An architect (the…

Case Law, CJEU, Exceptions and Limitations, Legislative process, Private copying, Spain

(Elzaburu)/ /Leave a comment

A full report of this case has been published on Kluwer IP Law. The Spanish Supreme Court annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law.  The system that had been in place until…

Case Law, CJEU, European Union, Exceptions and Limitations, Legislative process, Private copying, Reimbursement, Remuneration (equitable), Spain

(Elzaburu)/ /Leave a comment

The Spanish Supreme Court has annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law. The system that had been in place up until now was analysed by the CJEU through a number of questions…

Case Law, CJEU, Collective management, European Union, Exceptions and Limitations, Private copying, Remuneration (equitable), Spain

/ /Leave a comment

In response to a reference from the Spanish Supreme Court, the CJEU held that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as precluding a scheme for fair compensation for private copying like the Spanish system, which is financed from the General State Budget in such a way that it is not possible to ensure that…