Collective management, European Union, Legislative process, Making available (right of), Ownership, Reproduction (right of)

(Schulich School of Law )/ /Leave a comment

The Proposal for a Directive on certain permitted uses of orphan works, introduced in the European Parliament on 24 May 2011, has been following its merry way through the legislative meanders ever since. The debates around the text of the proposal are heating up right now, for the European Commission pushes for rapid adoption while…

Enforcement, European Union, Jurisdiction, Legislative process

(University of Cyprus)/ /Leave a comment

What would be the ingredients of a magic formula for better IPR enforcement on the Internet? Has the time come for a horizontal harmonization for notifying and acting on illegal on line content? In a period where the ratification of ACTA is ranked highly in the political agenda of European governments, the European Commission is…

Case Law, Infringement, Liability, Remedies, Technological measures

(Marx, Van Ranst, Vermeersch & Partners)/ /1 Comment

The CJEU’s ruling in the Scarlet v. SABAM case (C 70/10) is still fresh in our memories: court injunctions to install global and preventative filtering systems with a view to preventing copyright infringements are precluded. SABAM asked again for the same measures in the framework of the SABAM v. Netlog litigation. Again, the Belgian court…

Case Law, Communication (right of), Infringement, United Kingdom

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High Court Chancery Division, 3 February 2012, Football Association Premier League v QC Leisure. Further to a referral to the ECJ on, inter alia, the meaning of “communication to the public” under art. 3 of the Directive 2001/29 (Case C-403/83), the High Court ruled that the showing of broadcasts (football matches) via television screens and…

Case Law, Infringement, Jurisdiction, Ownership, Remuneration (equitable), Reproduction (right of), United Kingdom

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Patents Court London, 19 January 2012, Hoffman v Drug Abuse Resistance Education. A charity infringed copyright in photographs by including them in its website withouth the author’s permission. The fact that the charity was under a good-faith impression that it had permission to use the photographs, as they appeared in a website that was covered…

Enforcement, European Union, Legislative process, Poland

(Institute of Intellectual Property Law, Jagiellonian University Kraków)/ /Leave a comment

The clouds of dust raised by the turbulent discussion about ACTA in Poland seem to be slowly settling and the time has come to make some evaluations. What has happened with ACTA in Poland has surely caught the attention of the world (or at least Europe), but perhaps the scale of it is still underestimated….

Case Law, European Union, Exceptions and Limitations, Infringement, Reproduction (right of)

(Department of Business Law, Lund University)/ /Leave a comment

This entry deals with some aspects of the decision by order by the Court of Justice of the European Union (CJEU) in Case C-302/10 (Infopaq II) on 17 January. The reference for a preliminary ruling was brought to the CJEU by the Danish Supreme Court and concerns the interpretation of Article 5(1) and 5(5) of…

Jurisdiction, Lithuania

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On December 21, 2011 the Lithuanian Parliament adopted the overhaul of the levy system, along with other important amendments in the copyright law. While many countries in Europe are considering phase-out or replacement of blank media and equipment levy systems, Lithuania has significantly expanded it. Historically copyright levies were introduced in Lithuania on January 1,…

Infringement, Italy, Legislative process, Liability

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We are experiencing a new trend by Italian first instance courts in addressing the issue of liability of hosting providers for contents posted by users in copyright infringement cases. The new approach is likely to impose providers of video sharing platforms (such as YouTube, Dailymotion and others) dramatic changes in their model of business, with…