Latvia: recently added copyright cases
…work without permission. Additionally, E. demanded compensation for the infringement of her moral and economic author’s rights according to Article 69 (1) Copyright Law. The court of cassation had to…
Search Results for: article 17
Dutch Supreme Court: Cable retransmission has ended, but the levy might be reintroduced
…rights prescribed by article 9 of the SatCab Directive does no longer apply, nor does the rule of article 9.2 of the same that the relevant collecting societies have a…
CJEU in UPC Telekabel Wien: A totally legal court order…to do the impossible
…that, as previously emphasised in the Court’s case law, there is nothing whatsoever in Article 17(2) of the Charter to suggest that intellectual property is inviolable and must be absolutely…
Artist’s Resale Rights: French preliminary question to the ECJ
…Appeal of Paris considers that Article L.122-8 paragraph 3 of the French Intellectual Property Code, which implements Article 1(4) of the directive and provides that the royalty is payable by…
Recently added copyright cases
…of his economic rights. The Supreme Court ruled that under Article L. 113-3 of the Intellectual Property Code, the admissibility of the action of an the author of the first…
Case Law, Collective management, European Union, Jurisdiction, Legislative process, Private copying, Remuneration (equitable)
Downloading from Unlawful Sources. Reflections following the Villalón Opinion on AciAdam and Others.
…a recent article in JIPITEC by one of the authors of this blog and Joost Poort. Relevant legal provisions For our purposes, the relevant legal provisions discussed in ACI Adam…
Germany: The Pixelio Stock photo case and the District Court of Cologne…again
…digital media, a reference (link) to PIXELIO’s website must be placed on the website. The defendant operates a website and used the photo in dispute to illustrate an article which…
The Svensson case and the act of communication to a new public
…act of communication to the public within the meaning of article 3.1 of Directive 2011/29/EC (Directive of the Information Society) against those who, on equally justifiable grounds, argue that the…
France: no copyright protection for perfume
…17 in the preamble to Directive 93/98, an intellectual creation is an author’s own if it reflects the author’s personality’ (para. 88). Article L.112-2 IPC provides a non-exhaustive list of…
Case Law, Communication (right of), Digital Single Market, Infringement, Making available (right of)
The Court of Justice on Links: It is Allowed to Link. At Least In Principle.
…to the public’ in the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects…