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Bestwater: CJEU embeds decision on framed content in order

benjamin-schuetze“What has not been clarified though is the aspect of unfair competition.”

On 21st of October 2014 the Court of Justice of the European Union delivered its order in a preliminary ruling procedure (C-348/13), which was referred to the CJEU by the German Federal Court of Justice (BGH) in May 2013.  As yet, only the German and French language version of the order have been published.

The case concerned the question whether a website operator who embeds copyright protected videos in his website by framing technology infringes the copyright on these videos. Does framing constitutes a (yet unknown kind of) communication to the public pursuant to Art 3(1) InfoSoc-Directive (2001/29/EC)? Like th [...]

Dr. Ludsky and the preliminary injunction

The second season of the popular Slovak TV series “Dr. Ludsky” was enjoined from being distributed and communicated to the public after authors of the film treatment filed for a preliminary injunction.

Dr. Ludsky is a “Dr. House-style” Slovak series that became quite popular in the last two years. The series as such is based on a work of co-authorship of the authors Stanislav Dančiak and Roman Olešák (original authors), who created the entire characters, environment of the series, its plot and entire film treatment for the first season of the series. They exclusively licensed their work to Slovenská produkčná a.s., the production house of TV JOJ, the second biggest commercial TV ch [...]

Are European orphans about to be freed?
Last week, the European Parliament approved the draft Directive on certain permitted uses of orphan works. The approval of the Council of Ministers is expected to occur shortly.

This is big news indeed, for it’s the first draft directive in the area of copyright law to make it this far in more than 10 years. It’s been commented and reported by many.

The proposed directive is striking in many respects. Most prominent is the virtually unanimous opinion that the directive ‘is a step in the right direction’, but that it ‘will not facilitate nor promote mass digitization and large-scale preservation of Europe’s vast cultural heritage’. This conjures up the image of the elephant giving birth to a [...]

Presumption of authorship: only natural persons

Estonian Supreme Court, 7 February 2012, Case No3-2-1-155-11,  Herlitz PBS AG vs. Realister OÜ (plaintiff in the prededing proceeding).

The Estonian Supreme Court found in its recent judgement in the Realister case that the presumption of authorship as laid down in the Sections 4(6) and 29(1) of the Estonian Copyright Act (hereinafter referred to as the CA) is only applicable in case the right holder relying on the presumption of authorship is a natural person, who has created the work, not a legal person who has obtained the economical rights under the law or a contract.

In this case the owner of the authors’ economical rights is a legal person that claims to have economical copyrights [...]

Football Dataco: skill and labour is dead!

Summary & comment by Dr. Estelle Derclaye, Associate Professor and Reader in Intellectual Property law, University of Nottingham, School of Law.

“The crux of the judgment comes at paragraph 42 when the court clearly states that skill and labour in the selection or arrangement of the data, even if significant, is not sufficient as such to trigger copyright protection.”

This morning, the Court of Justice delivered its judgement in Case C-604/10, Football Dataco & others v. Yahoo UK ! & others and followed Advocate General Mengozzi’s opinion.The case concerned, yet again, football fixtures lists. The claimant (Football Dataco) argued that the lists were protected by copyright as databases [...]

CJEU: the Luksan case and the protection of film directors

On 9 February 2012, the Court of Justice of the European Union issued its judgment in the case Martin Luksan v. Petrus van der Let (Case C-277/10) opposing a film director to a film producer on the exploitation rights of the film “Fotos von der Front”. The case was brought by the Wien Handelgericht (Commercial Court of Vienna) for a preliminary ruling on the issues of exploitation rights vested in film producers and right to fair compensation.

At national level, Mr. Luksan and Mr. van der Let had signed an agreement through which Mr. Luksan agreed to write a script and direct a film documentary on German photography war during WWII and Mr. van der Let to produce and exploit the film. The [...]

Newspaper articles not creative enough. An issue for the CJEU?

On the first week of January, media and blogs extensively reported about a Slovak ruling of the Regional Court in Bratislava, which denied copyright protection on newspaper articles. In fact, the court assessed only three articles submitted as evidence, and of course, did not deny copyright protection in general. On the other hand, it quite strictly applied the classical Slovak, and formerly Czecho-Slovak, doctrine of originality. ECOPRESS v. STORIN is therefore a case about different originality standards and their testing.

The story. Publisher of the Economic Daily (Hospodárske Noviny), ECOPRESS, a.s., sued one of the biggest monitoring agencies, STORIN, for copyright infringement, claim [...]

Blocking The Pirate Bay: will the Dutch court ruling hold in appeal?

By Axel Arnbak, IViR. Last week, a Dutch district court ruled that two internet access providers, Ziggo & XS4ALL, have to block customers’ access to the IP-addresses and (sub)domains of The Pirate Bay. The providers will appeal the ruling of the District Court of The Hague. Amidst global PR-hurricanes on the legality of website blocking, sparked by several court cases and American legislative initiatives, now seems perfect time to put the Dutch blocking case into perspective.

Essentially, the 11 January 2012 case BREIN v. Ziggo/XS4ALL (Dutch) isn’t about copyright, but about enforcement. BREIN (Dutch for ‘Brain’), a foundation protecting the interests of the Dutch copyright industry, [...]

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 [...]

A list of permanent memory absolute addresses

UK: High Court Chancery Division, 09-11-2011: Forensic Telecommunications Services Ltd v. Chief Constable of West

Copyright does not subsist in a list of permanent memory absolute (“PM Abs”) addresses of mobile phones that are used to extract data from mobile phones in forensic investigations. There may have been an expenditure of skill, labour and judgement but it has not been of the right kind. If copyright did subsist in the list, the defendants would have infringed copyright by substantially reproducing the list. Fair dealing defences would not apply. However, the list is protected by the database right due to the investment made in obtaining the data. By posting the list on the Phone-fo [...]

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