On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat puzzlingly, the Court reached the opposite conclusion from that of last summer’s controversial Grand Chamber ruling, this time finding that a violation of Article 10…
A 2001 letter from an attorney representing the heirs of Superman co-creator Jerome Siegel effectively transferred all copyrights in the Superman character to DC Comics, the U.S. Court of Appeals in San Francisco has decided (Larson v. Warner Bros Entertainment, February 10, 2016, per curiam). Siegel’s daughter, Laura Siegel Larson, could not go forward with…
By Martin Husovec, Tilburg University and Matej Gera, CIPPM, Bournemouth University Some will associate the year of 2016 with the year of the Fire Monkey or the monkey selfie. Not Slovak copyright scholars, whose government decided to engage in its own monkey business – an entirely new Copyright Act (Act No. 185/2015). Being the third…
Case C‑572/13, HP v. Reprobel, 12 November 2015 By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners As we know, Member States may adopt exceptions to the reproduction right of authors in the cases and under the conditions listed in Article 5 of Directive 2001/29. Some of those exceptions may be transposed…
Decision of the German Bundesgerichtshof (“BGH”) of July 9, 2015, file no. I ZR 46/12 (“Die Realitaet II”) The CJEU confirmed in Svensson that linking to content may be a public communication where it reaches a new public. Some issues, however, remained unresolved. One open question is whether linking to illegal content always reaches a…
In response to a reference from the Bundesgerichtshof (Germany), the CJEU ruled that geographical information extracted from a topographic map by a third party in order to produce and market another map retains, following its extraction, sufficient informative value to be classified as ‘independent materials’ of a ‘database’ within the meaning of Article 1(2) of…
A copyright claim brought by hip-hop artist Tyrone Simmons—who purchased an exclusive license to use a beat known as the “I Get Money Instrumental”—against the beat’s creator (William Stanberry, Jr.) and a group of defendants associated with rapper Curtis Jackson, known professionally as “50 Cent,” who used the beat in a hit song, was time-barred…
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…
We are very proud to announce that Kluwer Copyright Blog has been ranked as one of the top ten IP blogs in a review of the world’s best IP blogs conducted by SiNApSE. You can see more details of the review and the other blogs that made it into the top ten here. We look…
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…
