Transfer (of right)

Digital Single Market, European Union, Exceptions and Limitations, Remuneration (equitable), Transfer (of right)

(Institute for Information Law (IViR))/ /2 Comments

The increasing costs of publication under the Gold Open Access model and “Big Deals”   The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA).[1] OA publication of publicly funded scientific research bears the triple promise of…

Case Law, Ownership, Sweden, Transfer (of right)

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The Patent and Market Court of Appeal upheld the first instance Court’s judgment, confirming that a motorboat could be protected by copyright as a work of applied art, and that this copyright had been infringed by the defendant. The Court also confirmed that as a starting point copyright always belongs to the physical creator and…

Legislative process, Ownership, Slovakia, Transfer (of right)

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It’s been almost two years since the Slovak legislator introduced an improved legal framework by adoption of a completely new Slovak Copyright Act. The main aim of the legislation was to introduce modern and flexible legal rules ensuring, on the one hand, that authors have more effective means to control the use of their works…

Case Law, Duration, Netherlands, Transfer (of right)

(Schulich School of Law )/ /Leave a comment

‘Please go!’ said pop group Golden Earring to their music publisher Nanada when they put an end to their publishing contract! As it sometimes happens in long-standing relationships, the once harmonious author/publisher cooperation had deteriorated to such an extent that a break-up was inevitable. Unfortunately, Golden Earring’s way of going about it brought both parties…

Case Law, Contract, Ownership, Transfer (of right), United Kingdom

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A full summary of this case has been published on Kluwer IP Law In a case between a music publisher and members of the pop group Duran Duran, the Court granted a declaration to the claimant music publisher, finding that service of notices under s.203 US Copyright Act 1976 purporting to terminate assignments of the US…

Legislative process, Netherlands, Ownership, Transfer (of right)

(Schulich School of Law )/ /Leave a comment

Echos from the Dutch legal and scientific communities indicate that opinions widely diverge on the topic of the imperative character of proposed article 25 fa) of the Dutch Copyright Act in situations bearing an international dimension. As discussed in my previous blogpost, this new provision would give authors of short works of science for which…

Exceptions and Limitations, Legislative process, Making available (right of), Netherlands, Ownership, Transfer (of right)

(Schulich School of Law )/ /Leave a comment

The Netherlands Organisation for Scientific Research (NWO), the main public funding agency in the country, has been enforcing already for a few years an Open Access (OA) policy for the dissemination of the results of the research that it finances (both publications and data). The NWO does not mandate a specific form of OA: Green…

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…

Contract, Transfer (of right), Turkey

(Koç University, Istanbul)/ /Leave a comment

“In addition to the requirement of written form, any transaction or notice aiming at the relinquishment of copyright and thus releasing the work into the public domain further requires the notarization of the written form as a condition of validity.” Under Chapter IV of Law No: 5846 (1) on Intellectual and Artistic Works, the Turkish legal system (2) …

European Union, France, Jurisdiction, Remuneration (equitable), Transfer (of right)

(REALEX)/ /Leave a comment

Can an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer? Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for the benefit of the author of an original work of art. This resale right is ‘defined as an inalienable right, which cannot be…