The ownership of copyright in works is determined by law and may depend on the circumstances under which the work was created. In many cases the author of the work will be the first owner but, for example, some national laws provide that where such works are made by employees, the employer is the first owner of the copyright. Ownership of copyright can be transferred.
A new proposal of law on the digital exploitation of (commercially) unavailable books of the 20th Century (proposition de loi relative à l’exploitation numérique des livres indisponibles du XX° siècle) has been introduced quasi-simultaneously in the Senate and in the National Assembly. According to the preamble of the proposal, about 500 000 books published during…
UK: Future Publishing Ltd v. Edge Interactive Media Inc., High Court Chancery Division, 13 June 2011. Copyright in logo: US companies involved in the business of computer games had infringed copyright in the logo of a computer gaming magazine (“EDGE”), by using it on letterhead, website and games. The Court found the logo sufficiently original…
On 24 May 2011, the European Commission announced a proposal for a directive on ‘certain permitted uses of orphan works’. This title perfectly conveys the scope of the proposal. Rather than adopting a generic approach to deal with the problem of orphan works, the Commission comes up with a set of measures designed for specific…
BELGIUM – In a case of SABAM (the Belgian Society of Authors, Composers and Publishers) versus a counterfeits dealer, the Belgian Supreme Courts finds that in litigations against copyright infringers, collecting societies can prove the existence of management contracts pertaining to some works by solely producing the official repertoire listing that they mandatorily have to…
By Luke McDongagh, PhD Candidate, QMIPRI The Irish Times has recently reported that the Joyce estate has, after many years of refusal, finally granted the English singer Kate Bush permission to use the famous Molly Bloom soliloquy from James Joyce’s seminal novel Ulysses as the lyrical basis for a song. The soliloquy, spoken at the…
Paintings that were abandoned and left in a loft were not subject to free utilization. The copyright in the paintings was thus not exhausted. A summary of this case will be posted on http://www.KluwerIPCases.com
Bankruptcy brings always its share of bad surprises, and it usually gets dodgier when intellectual property is involved… In this post, we propose a review of a decision of the Belgian Supreme Court illustrating this observation in the software development sector. We will start with the legal provisions applied by the Court and its decision…
My first post for the Kluwer Copyright blog will touch upon an issue which over the years has gained increased attention from legislators: how to stimulate the digitization and online availability of the collections held by libraries, museums and other cultural institutions – sometimes referred to as our “common heritage” – and at the same…
In its arrest of 3 June 2010, the Supreme Court of Belgium decided that the presumption of transfer to the employer of patrimonial copyrights in a program created within an employment relationship, does does not apply in a situation where a program is developed by the statutory manager of a limited liability company. Click here…
