Estonian Authors’ Society (EAÜ), a collecting society that administers local and foreign authors’ economic rights in Estonia, sued SIA ADEONA, a Latvian music concert organizer, who organized a public concert in Estonia without acquiring a license for the public performance nor paying any license fee. In contrast to previous Estonian case law (EAÜ v. XXX,…
The Court reached the conclusion that since the cumulative criteria that formed the necessary condition for assessing “communication to the public” were not fulfilled, there was no communication of sound recordings to the public when a car rental company rented out rental cars equipped with a built-in radio. Consequently, Nordisk Biluthyrning was not liable to…
As discussed in Part I of this blogpost, the CJEU in Renckhoff was called, once again, to analyse the application of copyright in relation to the use of copyright-protected works on the Internet. The Renckhoff judgment is, therefore, another addition to the complex European copyright case law construction. To date, the often tailor-made jurisprudential solutions…
Since July 22, 2018, a new mechanism for calculation of the amount of statutory damages has become effective in Ukraine. From now on a court should determine damages based on the license fee the infringer would have paid to obtain the rightsholder’s permission. The old method for calculating statutory damages, namely “choosing” from the range…
The delimitation of the proper boundaries of lawful use of copyright-protected works on the Internet has always been puzzling for courts, which in some instances have creatively interpreted the copyright acquis in order to take account of the particularities of the digital ecosystem. In this context, the CJEU in Usedsoft (C-128/11) adopted for the first…
In May, the ECS held their annual summit in Brussels, under the title “EU copyright, quo vadis? From the EU copyright package to the challenges of Artificial Intelligence.” The summit covered many of the hot topics on today’s copyright agenda, including the proposed directive on Copyright in the Digital Single Market. This post, however, focuses…
25 July 2018 marks a new episode in the Heks’nkaas saga. After tumultuous court proceedings at the national level and before the European Court of Justice, Advocate General M. Wathelet delivered his opinion in this controversial copyright dispute that is now pending before the Court of Justice of the European Union (CJEU). His opinion can…
The federal district court in Manhattan erred in dismissing copyright infringement claims brought by a group of professional sports photographers against the National Football League (NFL) and its teams, the Associated Press (AP), and Replay Photos, LLC (Replay), the U.S. Court of Appeals in New York City has ruled. The photographers—who had granted licenses for…
The Spanish Supreme Court dismissed the cassation appeal filed by the Spanish affiliate of the American group IMS HEALTH against the judgment of the Provincial Appellate Court of Madrid ordering them to pay damages of 5 million euros for misappropriating and selling part of the content of a database developed by the claimant company. INFONIS,…
1. Introduction and legal context Italy has recently adopted its first “rules” dedicated to Cloud Service Providers (“CSP”) for Public Administrations. Last April the AgID (Agenzia per l’Italia Digitale) issued two Circulars (AgID Circulars n. 2 and n. 3 of 9th April 2018) published in the Italian Official Gazette dated 20th April 2018 and effective…
