It is a cliché that collecting societies play a significant role in shaping the practice of copyright contracts, however the fact that it is a cliché does not make it less true. Therefore, legal rules concerning collecting societies are of huge interest for copyright lawyers, especially when they are new and offer an uncharted territory…
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
Survey:
HADOPI, cultural goods and Internet use: The French users’ practices and perceptions (“Hadopi, biens culturels et usages d’Internet: pratiques et perceptions des internautes français”), presented on 23 January 2011 at the MIDEM (Marché International du Disque et de l’Edition Musicale- International Market for Records and Musical Edition): http://www.hadopi.fr/download/hadopiT0.pdf
Press
Press releases:
Etude de la HADOPI sur le téléchargement: des chiffres providentiels, ZDNet.fr
http://www.zdnet.fr/actualites/etude-de-la-hadopi-sur-le-telechargement-des-chiffres-providentiels-39757755.htm
Midem: un internaute français sur deux pirate, La Tribune.fr
http://www.latribune.fr/technos-medias/medias/20110123trib000594860/midem-un-internaute-francais-sur-deux-pirate-.html
Selon une étude de l’HADOPI, 49% des internautes ont eu recours “au moins une fois à un usage illicite de biens culturels”, Le Monde.fr, Blogs
http://midem.blog.lemonde.fr/2011/01/24/selon-une-etude-de-l%E2%80%99hadopi-49-des-internautes-ont-eu-recours-%C2%AB-au-moins-une-fois-a-un-usage-illicite-de-biens-culturels-%C2%BB/
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…
Italy is currently being interested by an intense querelle about the role of the Communications Authority (“Autorità per le Garanzie nelle Comunicazioni”) in the enforcement of the provisions of Law n. 633/1941 (“Copyright Law”) with respect to users’ unauthorized posting of copyrighted contents online. The debate has become particularly hot after the Communications Authority has…
The football leagues in Europe seem to be on a losing streak in Luxembourg. On February 17 the European Court of Justice pronounced that Member States may reserve television coverage of FIFA World Cup events to free-to-air public broadcasters, on the basis of nationally drawn-up lists of ‘events of major importance’, as defined in the…
Discussions around a fair use defence are not new in The Netherlands. Already in the years immediately following the adoption of the EU Copyright Directive, the idea of introducing a fair use defence in the Dutch Copyright Act had given rise to heated debate, at least in the literature. The debate recently resurged when the…
Due to massive lobbying of the German press publishers, the new conservative-liberal German Government declared in its coalition contract in late 2009: “Press Publishers shall not be discriminated against other disseminators of copyright protected works [e.g. film or music producers]. Therefore we aim at the introduction of a neighbouring right for press publishers to increase…
A Belgian band uploaded some songs on a freely accessible website under a non-commercial & no derivative Creative Commons licence. A Belgian theatre used one of the songs to create an advertisement for the next theatrical season, which was broadcasted on several national radios channels. The Court found that the theatre did not respect the…
