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Latvia: recently added copyright cases

Magda Papede KCBThe KluwerCopyrightBlog is part of Kluwer’s IP Kluwer 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 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 two recent judgements of Supreme Court of Latvia below were summarized and added to the database by Magda Papēde, Albert Ludwig University, [...]

Last chance to vote

blog-poll--levies-2May we have your votes please?  We are about to close the our opinion poll on private copying levies and would like to ask the last floating voters to make up their minds, to urge the procrastinating voters to just do it already and to kindly ask everybody else who hasn’t voted yet to spare us a few minutes and give us their esteemed opinion on the subject.

Private copying levies benefit all parties concerned, according to the European Parliament. But do they really? Does the internal market require a harmonised private copying system? Who should pay the levies, manufacturers, importers or retailers? Should anti-piracy campaigns be replaced with ‘positive’ campaigns? Should the system [...]

Webinar on Copyright and Trademark Litigation

We are delighted to announce that on 24 April 2014 Kluwer Law International is hosting a webinar on two major cases in the field of copyright and trademark litigation.

The event is presented by IP expert Wouter Pors, partner in, and Head of, the IP department at Bird & Bird in The Hague, The Netherlands.

Wouter will discuss two recent CJEU judgments. The first one discussed is  Martin y Paz v. David Depuydt  (CJEU 19-9-2013, C-661/11) dealing with the termination of licence and exhaustion. The second case is on hyperlinks and copyright with a thorough analysis on the Svensson v. Retriever Sverige decision (CJEU 13-2-2014, C-466/12).

He will furthermore demonstrate how countries worldwide [...]

Dutch Supreme Court: Cable retransmission has ended, but the levy might be reintroduced

DVisserImportant ruling by Dutch Supreme Court on cable retransmission, film copyright and collective management of rights

Guest blog by Prof. Dr D.J.G. Visser, Institute for Private Law, Leiden University 

“This could well mean that several Dutch collecting societies, in particular those representing actors, screenwriters and directors (Norma, Lira and Vevam) can no longer claim remuneration for cable (re)transmission of programs broadcast by Dutch broadcasters.”

The cable distribution of Dutch television programs as it currently takes place in The Netherlands is no longer a ‘cable retransmission’ in the sense of the EU Satellite and Cable (SatCab) Directive, because it is no longer precede [...]

CJEU in UPC Telekabel Wien: A totally legal court order…to do the impossible

Christina-Angelopoulos“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of blocking measures be laid down by the CJEU – that would have been welcome indeed! That absence is certainly the biggest deficiency of the ruling.”

Last Thursday, the Court of Justice of the European Union issued its judgment on Austria’s Oberster Gerichtshof reference for a preliminary ruling in Case C-314/12, UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH.   

The case begun when film production companies Constantin Film Verheih and Wega Filmproduktionsgesellschaft GmbH noticed their copy [...]

Artist’s Resale Rights: French preliminary question to the ECJ

Brad-SpitzCan an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer?

Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for the benefit of the author of an original work of art. This resale right is ‘defined as an inalienable right, which cannot be waived, even in advance, to receive a royalty based on the sale price obtained for any resale of the work, subsequent to the first transfer of the work by the author’ (Article 1). The directive was adopted in 2001 but only came into force on 1 January 2010.

Article 1(4) of Directive 2001/84/EC states that ‘The royalty shall be payable by the seller’, and that Member St [...]

Recently added copyright cases

KluwerThe KluwerCopyrightBlog is part of Kluwer’s IP Kluwer 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 in the field of copyright in one database.

The KluwerCopyrightBlog  already reported incidentally about individual cases that were added to the database, for instance here, here and here,  but to satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we thought  that it might also be a good idea to publish a periodic overview of inter [...]

Blog Poll: Is the private copying system a virtuous system?

blog-poll--levies-2Last week the European Parliament adopted a resolution on private copying levies. The initiative for the motion came from Ms Francoise Castex MEP (Socialists and Democrats).

The European Parliament believes that “the private copying system is a virtuous system that balances the right to copying for private use with fair remuneration to rightholders, and that it is a system worth preserving.” The motion emphasizes that in times of budget austerity, private copying levies constitute a vital source of revenue for the cultural sector, and particularly for the performance arts, and “that the major disparities between national systems for the collection of levies, especially as regards the [...]

Downloading from Unlawful Sources. Reflections following the Villalón Opinion on AciAdam and Others.

Downloading illegal

This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 – ACI Adam and Others, delivered on 9 January 2014 (not available in English).

In this case, Advocate General Villalón considered whether reproductions from unlawful sources fall within the private copying exception of art. 5(2)(b) of Directive 2001/29/EC (Copyright Directive), as well as whether it is in line with the Directive to calculate the private copying levy based on reproductions from both lawful and unlawful sources. (All legal provisions cited hereinafter refer to this legal instrument, unless otherwise stated). The questions referred also relate to the effect of the application [...]

Germany: The Pixelio Stock photo case and the District Court of Cologne…again

benjamin-schuetze“According to Art. 13 of the German Copyright Act (“CA”) the author has the right to be identified as the author of the work. He may determine whether the work shall bear a designation of authorship and which designation is to be used.”

The District Court of Cologne (Landgericht Köln) apparently never sleeps. After its somewhat questionable role in a surge of so called Redtube warning letters which infested some 10.000 unsuspecting German internet users in December 2013, the Court surprises both internet users as well as the legal community with a judgment (LG Köln, judgment of 30.1.2014, 14 O 427/13) on the moral right of recognition of authorship (Art. 13 Copyright Act) and its [...]

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