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…
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…
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…
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…
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…
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…
1 Background, facts and questions On 9 June 2016 the CJEU ruled on Case C-470/14 – EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private copying exception or limitation in Article 5(2)(b) of Directive 2001/29/EC (the ‘InfoSoc Directive’) after Padawan, Stichting de Thuiskopie, Luksan, VG Wort,…
On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. Two organisations were affected, the society that represents record companies (AGEDI) and the society representing music performers (AIE), who operate in their respective sectors without competition. In the opinion of the Spanish Markets and Competition Commission (CNMC), the two…
On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. This time two organisations were affected, namely, the society that represents record companies (AGEDI) and the society representing music performers (AIE), who operate in their respective sectors without competition. In the opinion of the Spanish Markets and Competition Commission…
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…
