On 2 March 2011 the Audiencia Provincial de Barcelona took note of the judgment of the Court of Justice of the EU (CJEU) in the case Padawan v SGAE (C-467/08) and decided that the indiscriminate obligation of paying private copying levies as provided for in Art. 25 of the Spanish Ley de Propiedad Intelectual (Intellectual…
In case C 393/09, the ECJ decided that a GUI is not a form of expression of a computer program and cannot therefore be protected by copyright as a computer program under Directive 91/250/EEC. Indeed, that directive protects the forms of expression of a computer program and the preparatory design work capable of leading, respectively,…
The variation of the Austrian National Anthem by setting it to a modernised “rock-version” of the classic tune and by changing the line “You are home to great sons” to “You are home to great sons and daughters” for use in an information campaign by the Austrian Federal Ministry for Education, Arts and Culture, does…
According to the Austrian Supreme Court, the EU Copyright Directive 2001/29/EC harmonises the right of communication to the public, assuming a consistent European term of publicity. The right of communication to the public is characterised by an element of distance. Therefore, the distribution by a hotel of a broadcast via TV to the TV-sets situated…
The defendant, the so-called “cooperative of CD co-owners”, abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act, while he operates as a covert form of lending company (see previously reported cases concerning cooperatives of CD co-owners, in Kluwer database). The court, as in previous…
The issue of protection of the neighbouring rights of Greek actors in Cyprus has been examined recently by the District Court of Nicosia. The case concerned the broadcasting of Greek movies by a Cypriot broadcasting organization. The collecting society managing the performers rights in Cyprus demanded equitable remuneration for the broadcasting of films on the…
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…
