Case Law, European Union, Infringement, Legislative process, Netherlands, Text and Data Mining (TDM)

(Institute for Information Law)/ /1 Comment

It is beyond dispute that Anne Frank’s diary is of great historical value. A recent Dutch court decision confirms this, in a case that perfectly illustrates the tension between freedom of scientific research and the enforcement of copyright. On the 23rd of December 2015, the District Court of Amsterdam handed down its ruling in a…

Case Law, Enforcement, Infringement, Injunction, Liability, Remedies, Sweden

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The Swedish Supreme Court considered under what circumstances, and to what extent, a penalty payment can be imposed on a company that has been prohibited under penalty of a fine from selling an infringing product, where violations to that prohibition have been made by a third party. A full summary of this case has been…

Legislative process, Netherlands, Remuneration (equitable)

(Institute for Information Law)/ /1 Comment

The Dutch Copyright Contract Law entered into force on July 1st 2015. According to the legislator it aims to strengthen the position of the author and performer in exploitation agreements (see Explanatory Memorandum under 1, 1st paragraph), and will ideally lead to them receiving a fairer share of the profit from their work (see Memorandum…

Case Law, France, Infringement, Originality

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The French Supreme Court stated that the lower courts must take into consideration all the choices of the author in order to decide whether a work is original and therefore protected by copyright law, and not simply the common aspects of the work. A full summary of this case has been published on Kluwer IP…

Case Law, CJEU, Communication (right of), Enforcement, European Union, Infringement, Liability, Remedies

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In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those…

Case Law, Exhaustion, Infringement, Liability, Netherlands

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The Court of Appeal ruled that the resale of used e-books by Tom Kabinet was permitted based on the CJEU’s UsedSoft ruling, although that case dealt with the sale of second-hand software. Nevertheless, the Court agreed with NUV that Tom Kabinet, as an internet intermediary, facilitates the resale of illegal content by the absence of…

Collective management, Enforcement, Greece, Infringement, Legislative process, Liability, Remedies

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The draft law for the implementation in Greece of Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market, which was released for public consultation a few days ago, contains a surprise provision, which has the potential to reverse the…

Case Law, Denmark, European Union, France, Germany, Legislative process, Netherlands, United Kingdom

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2016 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was a busy one in the copyright world, with a number of landmark CJEU decisions,…

Case Law, USA

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Recordings used by defendants Activision Blizzard, Inc., and Blizzard Entertainment, Inc. (collectively, Blizzard) of a former employee’s voice for a character in a video game constituted a “work made for hire” under the Copyright Act, according to the U.S. Court of Appeals in San Francisco (Lewis v. Activision Blizzard, Inc., December 18, 2015, per curiam)….