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The Donner case and the “target country” principle

“A generalised principle of the “targeted” country might well become a recognised point of attachment in copyright conflicts of laws, at least in cases where such target jurisdictions can clearly be identified.”

The distribution of industrial products protected by copyright law can amount to a criminal offence as a violation of the distribution right. In CJEU, 21 June 2012, case C 5/11 (Donner), the CJEU clarified the interface between European law and national criminal sanctions in case such products are protected in the country of export but not in the originating country. The CJEU took the view that European legislation does not stand in the way of applying criminal law provisions c [...]

Assessing the UK Government Response to the Hargreaves’ Review

[By Dr Luke McDonagh}
The UK Government’s response to the Hargreaves’ Review includes the approval of a number of THE reports recommendations, the main ones being the acceptance of the need for a new procedure to clear and license orphan works, and the acceptance that some form of Digital Copyright Exchange is required.
With regard to orphan works, the Government agreed with Professor Hargreaves that there is a problem with the current system. The Government has promised to bring forward detailed proposals in the Autumn in order to allow for both commercial and cultural uses of orphan works, “subject to satisfactory safeguards for the interests of both owners of ‘orphan rights’ and [...]

UK: Examining the Hargreaves Review of Intellectual Property [by Luke McDonagh]

The dust has now settled on the Hargreaves Review – officially known as “A Review of Intellectual Property and Growth” – which was published during May 2011. The main focus of Professor Ian Hargreaves’s review was copyright law and he made a number of interesting recommendations in this area.
Firstly, one of the major points made in the report is a firm rejection of the introduction of a US-style ‘fair use’ exception. The report noted that there were two major reasons for this rejection; it was strongly opposed by rights holders and it was generally thought that any such innovation may run afoul of EU law, and in particular the terms of the Information Society Directive. Consider [...]

Copyright in Ireland’s national anthem due to expire in 2012

[By Luke McDonagh) The Irish Times has today reported that the copyright in the Irish national anthem is due to expire next year. When the copyright in "A Soldier's Song", or as it is known in its Irish language version, "Amhrán na bhFiann", expires at the end of 2012, the debate is expected to reopen in Ireland about whether the anthem ought to be replaced.

As reported by the Irish Times, the Minister for Finance, Michael Noonan, has stated that the primary reason that the state holds the copyright in the national anthem, which was purchased in 1933, is to ensure that the anthem is freely accessible and available to all and particularly to ensure that performance fees are not charged for i [...]

Database rights and the place of re-utilisation

By Gaetano Dimita
The football data clashes continue. This time, the Court of Appeals decided to bring an important aspect of the Dataco case (as mentioned here) to the attention of the Court of Justice:

Hearing the appeal and cross appeal on Football Dataco Ltd, The Scottish Premier League Limited, The Scottish Football League Limited and PA Sport UK Limited v Sportradar GmbH & and Sportradar AG [2010] EWHC 2911 (Ch), the Court of Appeals (Lords Justices Laws, Jacob and Wilson) decided to refer the following questions to the Court of Justice of the European Union for a preliminary ruling:

‘Where a party uploads data from a database protected by sui generis right under Directive 96/9/EC o [...]

James Joyce Estate finally gives Kate Bush Permission to use Molly Bloom soliloquy

By Luke McDongagh, PhD Candidate, QMIPRI

The Irish Times has recently reported that the Joyce estate has, after many years of
refusal, finally granted the English singer Kate Bush permission to use the famous Molly
Bloom soliloquy from James Joyce’s seminal novel Ulysses as the lyrical basis for a
song. The soliloquy, spoken at the end of the novel by Molly Bloom, the wife of the main
character Leopold Bloom, is famous for including one of the longest sentences in the
English literature (over 4000 words). Kate Bush was refused permission to use the extract
in the original version of her album The Sensual World in 1989.

The decision is notable due to the previous unwillingness of the Joyce es [...]

Originality and Databases

Football listings have hit the UK again, this time with an “original” twist.Disputes surrounding football lists never seem to go out of fashion. On 9 December 2010, the High Court yet again was faced with issues of IP protection of football listings and other related statistical football information, subject matter somewhere on the borderline between copyright and the database sui generis right. A UK provider of football listings and live football scores took various defendants to court for allegedly infringing copyright and database rights.

The decision by the High Court of Justice considers, in particular, the availability of copyright law to databases but decided to leave that questi [...]

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