Menu
Browse Options
European Copyright Law : Quo vadis? The European Commission asks for your opinion

Tatiana-Sinodinou“The first question (territoriality) and the last question (single EU copyright title) could be considered as the alpha and the omega of the questionnaire and they are interlinked in various ways.”

A public consultation on the review of EU copyright rules was launched by the European Commission a few  days ago .  The consultation refers to key issues of copyright law in the digital environment which have been identified in the Communication on Content in the Digital Single Market, such as “territoriality in the Internal Market, harmonization, limitations and exceptions to copyright in the digital age, fragmentation of the EU copyright market and how to improve the effectiveness and effic [...]

On copyright and rights of persons with disabilities: WIPO treaty for the blind

Tatiana-Sinodinou“The road to Marrakesh is open but is not paved with roses and the outcome of the negotiations is awaited with both hope and reservations. “

While some statistics demonstrate that only about 5% of all published books are available in accessible formats for print disabled people globally, 2013 promises to be a landmark year in the combat against this scarcity of reading sources for visually impaired people. A scarcity that is often referred to as ‘book famine’.

On April, 20, 2013 the Informal Session and Special Session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) is expected to have prepared a revised and maybe final version of the draft text of a Treaty to F [...]

A Greek premiere: Greek ISPs ordered to block access to infringing websites

“This finding could have been considered predictable, if it wasn’t for  a special provision in the Greek Constitution that safeguards participation in the information society.”

Is obliging ISPs to cut off internet access to specific copyright infringing websites compatible with the Greek Constitution? That is one of the main questions that were answered by the ruling of the District Court of Athens of May 16th, 2012.

Even if it is just a response in a demand for injunctions, this decision is important for two reasons. First, it places Greek jurisdiction among other jurisdictions that decided to impose specific technological measures on  a website that hosts or offers copyright infrin [...]

Decrypting the code: CJEU SAS vs. World Programming

“The ruling confirms the exclusion of ideas from software copyright protection and enlightens certain grey zones of the Software Directive.”

The protection of computer programs is one of the nicest paradoxes of copyright law. Even if the protection of the computer programs as literary works has been established in the European and in the international legal order (Software Directive 91/250, codified by 2009/24, TRIPS), it is still strange to observe that a computer program which proposes travel packages is granted the same type and duration of protection as the most captivating literary edifices of our century. Even stranger is to realize that even though computer programs are by their [...]

European Commission: two new IP-roadmaps

What would be the ingredients of a magic formula for better IPR enforcement on the Internet? Has the time come for a horizontal harmonization for notifying and acting on illegal on line content? In a period where the ratification of ACTA is ranked highly in the political agenda of European governments, the European Commission is willing to pose the first bricks for the construction of a more effective policy for IPR enforcement and regulating illegal content. While the outcome cannot be predicted, it can be easily advanced that the task will not be an easy one.

This policy is briefly explained by two new roadmaps (the “Proposal for a Revision of the Directive of Intellectual Property Right [...]

Databases: sui generis protection and copyright protection

Data creation, intellectual creation and creativity in the world of databases: The Advocate’s General Opinion in the Football Dataco Ltd v. Yahoo! Uk Limited Case and its potential impact in database copyright.

What is a database? Are database copyright protection and database sui generis protection completely independent?  What is the creativity level for asserting that the selection of the disposition of a database contents is the «author’s own intellectual creation» or is creativity not a prerequisite for database copyright protection? Fifteen years after the adoption of the Database Directive, this odd creature in the copyright world, these questions are far from being resolved. E [...]

WIPO International Performer’s Right’s Treaty revived

11 years have passed since the last attempt of WIPO to promote an Audiovisual Performance Treaty which would bring the performer’s protection to meet the challenges of the digital era. The path to the adoption of such a Treaty seems to be prima facie open after the WIPO’s General Assembly Decision of 30th of September to work towards convening a diplomatic conference for the signature of a Treaty. The diplomatic conference will be convened in 2012 and will continue the work of the meeting in 2000.
In 2000, discussions on a draft WIPO Treaty on performers’ rights which largely reflected the provisions of the WPPT made noteworthy progress. Indeed, provisional agreement on 19 of the 20 ar [...]

ECJ: Private copying levies II-the Stichting de Thuiskopie v. Opus Supplies Deutschland GmbH case

On 16 June 2011 the Court of Justice of the European Union gave judgment in Case C-462/09, Stichting de Thuiskopie v. Opus Supplies Deutschland GmbH, Mijndert van der Lee and Hananja van der Lee (case C 462/09), a reference for a preliminary ruling from the Hoge Raad der Nederlanden (the Dutch Supreme Court). As in the Padawan case, to which the ECJ decision made a lot of references, the preliminary questions concerned the payment of fair compensation due for the application of the private copying exception and especially the modalities of payment of the private copy levies.
The Netherlands have introduced a scheme of private copying levies which have to be paid either by the manufacturer of [...]

District court of Nicosia, September 29, 2010: Protection of performer rights of Greek actors in Cyprus

The issue of protection of the neighbouring rights of Greek actors in Cyprus has been examined recently by the District Court of Nicosia. The case concerned the broadcasting of Greek movies by a Cypriot broadcasting organization. The collecting society managing the performers rights in Cyprus demanded equitable remuneration for the broadcasting of films on the basis of a reciprocity agreement with the Greek collecting society for the management of the neighbouring rights of actors. The Cypriot court rejected the demand due to lack of sufficient evidence about the standing to sue of the collecting society and the lack of proof of the rights of the claimant. According to the court, the collect [...]

Greece : No criminal liability for copyright infringement by a Greek website providing links to copyrighted material

This is the first Greek copyright case about the liability for provision of links to works and other protected subject matter which have been uploaded to Internet without authorization. In the leading decision 965/2010, the three-member Misdemeanours Court of Kilkis was called to examine whether a website providing links to various contents posted in the Internet infringes copyright. Indeed, the website which is financed by advertisements provides an inventory of links to various works and broadcastings. The links are organized on the basis of the type of their content to various categories such as films, sports, TV emissions, videoclips etc. The users are directed to the website where the [...]

Contributors, Authors, Books, & More...