“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 [...]
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 [...]
The 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 (new and older) case law 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 Denmark, France, Belgium and Croatia:
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 InfoSoc Directive 2001/29/CE, and which has not been modified by the implementation of the latter, was clearly subject to interpretation (especially the last three words : “observing fair practices”).
Belgian Courts and Tribunals have therefore progressively established many conditions to be met in order to successfu [...]
“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 ruling procedure ( C‑351/12), the Court of Justice of the European Union decided earlier this year that there is no flexibility in the interpretation of the Infosoc directive (2001/29/EC) regarding limitations and exceptions to exclusive rights (points 40-41) and that the statutory monopoly position of a CMO complies with the requirements of the Services directive (200 [...]
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 of the conference (at least those of the panel discussions that were held in the magnificent Oosterhuiszaal) were available online on IViR’s YouTube channel. Very good news, especially for all the people who could not attend the conference and who have now the possibility to watch it (or at least parts of it) online.
However, another aspe [...]
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 is the “changing role of the moral rights in an era of information overload”.
Various aspects of the moral rights in copyright will be examined during the two days of the conference (you can find the scientific programme here) The first day will “revisit” the moral rights and will map the scope and the boundaries of the moral ri [...]
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 damages were not theoretically possible. However, Acts No. 2007-1544 of 29 October 2007 and No. 2014-315 of 11 March 2014 to strengthen the fight against counterfeiting have modified many aspects of the French Intellectual Property (‘IPC’) with regard to damages and remedies.
Calculation of the damages
“The underlying key question – can technology solve this problem and, if so, should technology be allowed to determine law? – remains unanswered.”
As part of the conference, on the morning of Thursday, 3 July a panel entitled Filtering away Infringement: Copyright, Injunctions and the Role of ISPs was held. The panel was set up as a mini mock trial of a topic that has been especially controversial in the area of online copyright infringement in recent years, particularly in Europe: that of injunctive orders imposed on internet intermediaries for the [...]
Speech Neelie Kroes, vice-president of the European Commission, delivered at the opening of Information Influx, the 25th anniversary conference of the Institute for Information Law (IViR) on 2-4 July 2014 in Amsterdam.
“Happy birthday to you all at the Institute for Information Law. I would sing you “Happy Birthday”. But technically I think the song is still under copyright — I don’t want to have to pay the royalty.
Today the debate about information, innovation, and intellectual property can be complex, personal, and [...]