Case Law, Collective management, Exceptions and Limitations, France, Legislative process, Private copying, Remedies, Remuneration (equitable)

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In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award compensation for private copying in situations where a decision of the Commission in charge of setting the fair compensation has been annulled. This judgment seems to mean that the…

Austria, Case Law, Collective management, European Union, Jurisdiction, Liability, Remuneration (equitable)

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The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be considered to be a matter relating to tort, delict or quasi-delict and, therefore, whether Article 5(3) of Regulation 44/2001 on jurisdiction in civil…

European Union, Legislative process, Neighbouring rights, Press Publishers ’ Right

(Brinkhof)/ /1 Comment

There are just three days to go until the European Commission’s public consultation on “the role of publishers in the copyright value chain” closes and those who have not yet responded to the consultation should consider doing so. Although the Commission’s explanatory statement hardly makes this clear, it is considering a legislative initiative that could…

Communication (right of), Digital Single Market, European Union, Legislative process, Remedies

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On 4th May 2016, the European Commission published its Full report on the public consultation on the review of the EU Satellite and Cable Directive. The consultation, which was held from 24 August until 16 November 2015, focused on two main issues. First, the assessment of the current rules and, second, the possibility of the…

Case Law, Communication (right of), Exceptions and Limitations, Infringement, Liability, Portugal

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The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere reception and not a reuse of the broadcast works and therefore it did not require the authorisation of the copyright holders. A…

Case Law, Collective management, France, Remuneration (equitable)

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The Supreme Court validated the method used by the French collecting society Sacem to determine how the proceeds relating to the exploitation of musical works in clubs and discotheques should be redistributed to the rightholders. A full summary of this case has been published on Kluwer IP Law

Case Law, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

A federal district court did not err in ruling that Amazon.com and its founder, Jeff Bezos, did not exceed the scope of their publishing license by failing to pay the full amount of royalties that were allegedly owed to a self-published author, the U.S. Court of Appeals in Philadelphia has ruled (Carlin v. Bezos, May…

Case Law, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

Four children of the deceased gospel music composer and publisher Albert Brumley successfully terminated Brumley’s assignment of the copyright to the song “I’ll Fly Away” to their brother, Robert, the U.S. Court of Appeals in Cincinnati has held (Brumley v. Albert E. Brumley & Sons, Inc., May 16, 2016, Sutton, J.). The Copyright Act allowed…

AG Opinion, Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Germany, Infringement

(NORDEMANN)/ /2 Comments

1. Introduction The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet technologies, hyperlinking, is still the subject of hotly debated issues under EU copyright law, which the CJEU has yet to answer. 2. Linking…

European Union, Neighbouring rights

(Institute for Information Law (IViR))/ /Leave a comment

Could copyright put an end to the challenges the news industry faces while it tries to manage its position on the Internet? This question lay at the heart of the conference “Copyright, Related Rights and the news”, organised by the Institute for Information Law in collaboration with CIPIL on April 23, 2016. Threats faced by…