“This would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make.” In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the…
“Does the European Single Market provide the right legal framework for the unhindered exchange of formats between the Member States?” Formats, especially television formats, have proven their commercial value, but the question whether copyright protection also applies to these products of the mind, which they undoubtedly are, cannot be answered easily and there are valid…
“The study concludes that under their domestic copyright laws none of the current EU Member States offer protection to sports events as such. A handful of countries, however, afford some special form of protection to the specific interests of sports organizers.” A study on sports organizers’ rights was launched by the European Commission in January…
In France, search engines using thumbnails are likely to infringe on copyright. On 8 April 2014, a French Senator proposed a Bill to establish compulsory collective management for the reproduction of photographs and images by search engine services. Thumbnails are reduced-size versions of photographs and images, used by search engines such as Google Images in…
The KluwerCopyrightBlog is part of Kluwer’s IP Kluwer IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important case law in the field of copyright in one database….
May we have your votes please? We are about to close the our opinion poll on private copying levies and would like to ask the last floating voters to make up their minds, to urge the procrastinating voters to just do it already and to kindly ask everybody else who hasn’t voted yet to spare…
We are delighted to announce that on 24 April 2014 Kluwer Law International is hosting a webinar on two major cases in the field of copyright and trademark litigation. The event is presented by IP expert Wouter Pors, partner in, and Head of, the IP department at Bird & Bird in The Hague, The Netherlands….
Important ruling by Dutch Supreme Court on cable retransmission, film copyright and collective management of rights Guest blog by Prof. Dr D.J.G. Visser, Institute for Private Law, Leiden University “This could well mean that several Dutch collecting societies, in particular those representing actors, screenwriters and directors (Norma, Lira and Vevam) can no longer claim remuneration…
“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of blocking measures be laid down by the CJEU – that would have been welcome indeed! That absence is certainly the biggest deficiency of the ruling.” Last Thursday, the…
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…
