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UK: Extended Collective Licensing

Dinusha Mendis - Victoria StoboOn the 1st October 2014, the Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014 came into force in the UK.1  

Licensing bodies and collecting societies already operate within the UK, providing rights management and licensing services for their rightsholder members across a range of sectors including publishing, art and design, music and performance.2  Extended Collective Licensing (ECL) occurs where a collecting society is granted permission to license specific kinds of copyright works across an entire sector, thereby representing the interests of non-member rightsholders in addition to those of their own members. ECL was first developed in the Nordic co [...]

The problem with the validity of on-line copyright licenses under Turkish law

Emre Bayamlıoğlu“In addition to the requirement of written form, any transaction or notice aiming at the relinquishment of copyright and thus releasing the work into the public domain further requires the notarization of the written form as a condition of validity.”

Under Chapter IV of Law No: 5846 (1) on Intellectual and Artistic Works, the Turkish legal system (2)  lays down provisions pertaining both to license contracts and other transactions aiming the transfer of authors’ rights in rem.

Turkish copyright law makes a distinction between license contracts that grant a right to use the work in a certain manner and those that aim at the actual transfer of the rights in rem, namely the passing of pro [...]

Job Posting: Associate Editor Kluwer Copyright Blog and Landmark EU Copyright Cases

By Kluwer Law International

Kluwer Law International is looking for an Associate Editor for the Kluwer Copyright Blog (the blog you are reading now) and for our Landmark EU Copyright Cases project.

The Associate Editor will report directly to the editorial team at Kluwer Law International, and will work closely with the Editor-in-chief, Dr. Lucie Guibault of the Institute for Information Law of the University of Amsterdam (IViR).

Essential duties of the Associate Editor for the Kluwer Copyright Blog include:

  • collecting, editing and reviewing blog submissions of guest contributors
  • coordinating blog post of permanent contributors
  • writing regular blog posts
  • assisting the editorial team with st [...]
Recently added copyright cases

KluwerThe KluwerCopyrightBlog is part of Kluwer’s IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important  case law (new and older) in the field of copyright in one database.

To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database. The selection of this month includes recently submitted cases from Cyprus, Latvia, Norway, Portugal, Bulgaria & Belgium.

BarbieCyprus: Rebroadcastin [...]
Key Aspects of the New Reform of the Spanish Copyright Act

Pablo Hernandez“With respect to the current stunted reform, the new legislation once again touches on past issues that were never properly resolved, and I am afraid that this is still the case now. The first is the zombie issue of private copying and the second salient point of the reform is piracy.

Other reforms regard the collecting societies, two new rights of remuneration (tax for Google and universities) and the implementation of directives on phonograms and orphan works.” 

Table of Contents

1. Introduction
2. Objective of the Spanish reform
3. Private Copying
4. Piracy
5. Collecting Societies
6. Tax for Google and universities 
7. Implementation of directives on phonograms and orphan works

1. [...]
It takes one to tango? The ever-expanding EU exclusive competence in IP-related treaties

anaramalho“With the decision in case C-114/12, the Court is now placing emphasis on the hypotheticals by holding that the mere possibility of an international agreement impacting the EU acquis is enough to rule out Member States’ intervention, making the EU exclusively competent to conclude this type of agreement.”

On 4 September 2014, the Court of Justice of the EU (CJEU) delivered its ruling in case C-114/12 – Commission and Parliament v. Council, concerning a decision of the Council and the Representatives of the Governments of the Member States. The decision authorized the Commission to participate in the negotiation for a Convention on the protection of the rights of broadcasting organiz [...]

Bestwater: CJEU embeds decision on framed content in order

benjamin-schuetze“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 German and French language version of the order have been published.

The case concerned the question whether a website operator who embeds copyright protected videos in his website by framing technology infringes the copyright on these videos. Does framing constitutes a (yet unknown kind of) communication to the public pursuant to Art 3(1) InfoSoc-Directive (2001/29/EC)? Like th [...]

Denmark: Code of Conduct on website blocking

Maria FredenslundThe 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 website, the participating ISPs commit themselves to implement the block within 7 days after the notification from the plaintiff.

The recent Code of Conduct sets out a number of provisions, which aim at setting up a one stop shop for website blockings at DNS level. Also, the Code of Conduct aims to ensure that blockings can be expanded to other web [...]

Public libraries: the right to digitise and the right of reproduction

Svetlana Yakovleva“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, Technische Universität Darmstadt v Eugen Ulmer KG (C-117/13). Request for a preliminary ruling from German Bundesgerichtshof (Federal Court of Justice).

The CJEU confirms the ancillary right of public libraries to digitise books from their collection in order to make them available by dedicated terminals without the rightholder’s consent. However, in the [...]

Who owns the World Cup? The case for and against (intellectual) property rights in sports.

KCB 490 Bently IVIR influx 
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 this blog already know that the last day of the conference, just after the splendid closing keynote by James Boyle, a panel was dedicated to an event very high in (almost) everybody’s minds, at least at that time – the 4th of July was the day of the FIFA World Cup quarter finals.

The title of the panel was “Who owns the world cup? T [...]

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