Authorship, Case Law, Digital Single Market, European Union, Germany, Infringement, Jurisdiction, Making available (right of)

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /Leave a comment

“What has not been clarified though is the aspect of unfair competition.” On 21st of October 2014 the Court of Justice of the European Union delivered its order in a preliminary ruling procedure (C-348/13), which was referred to the CJEU by the German Federal Court of Justice (BGH) in May 2013.  As yet, only the…

Denmark, Jurisdiction

(RettighedsAlliancen )/ /Leave a comment

The Telecommunications Industry Association (Teleindustrien) in Denmark has recently signed a code of conduct defining the conditions of voluntary website blocking by Danish Internet Service Providers (ISPs). In the event that one ISP is ordered by a court decision or by an order from a regulatory body to block the access to a copyright infringing…

Case Law, European Union, Exceptions and Limitations, Jurisdiction, Private copying, Reproduction (right of)

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

“What the Court did not consider though, is that the outcome of the application of the 3-step test to the digitisation of each individual work for the purposes of making it available for research and private study purposes may conflict with the absolute prohibition of digitising the entire collection.” Judgment CJEU of 11 September 2014,…

Infringement, Ownership

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

  During the recent  25th anniversary  conference of  the IViR (2-4 July in Amsterdam) many interesting lectures were given and many intriguing panel discussions were held. In the unfortunate case you missed the conference, you can find several  fotos and videos of the event on the webpage of the conference and on  IViR’s YouTube channel. Readers of…

Belgium, Case Law, European Union, Exceptions and Limitations, Infringement, Jurisdiction

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

Judgment CJEU, 3 September 2014, Deckmyn and Vrijheidsfonds (C-201/13). Request for a preliminary ruling from the Hof van Beroep te Brussel (Belgium). Belgian copyright law provides that “once a work has been lawfully published, its author may not prohibit caricature, parody and pastiche, observing fair practices”. This provision, which existed before the adoption of the…

Case Law, Collective management, Communication (right of), European Union, Jurisdiction, Legislative process

(Max Planck Institute for Innovation and Competition)/ /Leave a comment

“The answers from Luxembourg were much awaited not only due to the questions being interesting as such, but also because academia, the European Commission and the CJEU do not see eye to eye on these currently highly debated issues.” In response to questions lodged by a Czech court (Krajský soud v Plzni) in a preliminary…

European Union, Infringement, Jurisdiction

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

“However, another aspect attracted my full attention.” While preparing a post for this blog about the wonderful panel ‘Who owns the World Cup: The case for and against property rights in sports events’,  that concluded IViR’s 25th anniversary conference, something unusual stopped me. I received an email from a colleague informing me that the videos…

Conference, Moral rights

(Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles)/ /Leave a comment

In 1993, the Belgian chapter of International Literary and Artistic Association (ALAI) organised an international conference in Antwerp on the moral rights of the author. This year, more than twenty years later, the international copyright community will gather in Brussels to discuss the Moral rights in the 21st century.  The central theme of this conference…

France, Infringement, Jurisdiction, Legislative process

(REALEX)/ /Leave a comment

Two Acts of 2007 and 2014 to fight against counterfeiting have modified the French Intellectual Property Code, in order to enable improved compensation for the rightholders as well as better protection of intellectual property rights. In French intellectual property infringement cases, damages were traditionally supposed to cover the prejudice suffered, no more, no less. Punitive…