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Denmark: Infopaq-case finally decided after eight years

Maria-FredenslundIn a recent judgment, following the preliminary Infopaq-rulings of the European Court of Justice, the Danish Supreme Court ruled that extracts of newspaper articles comprising no more than 11 words can be works protected by copyright. The use of extracts that are the results of a process of data capture undertaken by the media analysis company Infopaq International A/S (now Infomedia) constitutes copyright infringement, unless prior consent from right holders has been obtained.

The judgement of the Danish Supreme Court is the outcome of an eight-year dispute between Infopaq and Danske Dagblades Forening (Danish Daily Newspapers Association). The core of the dispute concerned Infopaq’s righ [...]

Turning a person into a character

“He decides to write an alternative super hero tale, and uses his partner Thomas’ identity. So the real Thomas turns into the fictive super hero in the book.”

This is a story that started out with two partners doing art related projects together. One day one of them, Claus Beck-Nielsen,  decides to write a book about a man who wants to save America from the spiral of descending moral and growing evilness, which according to his mind had evolved among the Americans. He decides to write an alternative super hero tale, and uses his partner Thomas ’ identity  (Thomas Altheimer , born Thomas Skade-Rasmussen Strøbech, a Danish artist), describing his real family, wife job, incidents etc [...]

File sharing in Direct Connect, Supreme Court (Højesteret), 24 March 2011

DENMARK – An end user of the Direct Connect file sharing network was found liable for copyright infringements. However, the Supreme Court did not agree with the right holders (respondents) that the extent of the infringements was sufficiently documented and overturned the evidence (a list of files) provided by right holders. Also, the Supreme Court found that economical damages for online copyright infringements (internet piracy) cannot be based on a calculation of the remuneration claim and thus overruled the so-called “double damages” principle that had been common practise by courts and administrative bodies up until this ruling. The High Court and District Court had come to another resul [...]

Discarded paintings, Supreme Court (Højesteret), 16 Februari 2010

Paintings that were abandoned and left in a loft were not subject to free utilization. The copyright in the paintings was thus not exhausted.

A summary of this case will be posted on http://www.KluwerIPCases.com

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