The court held that the applicable law is determined by the lex loci protectionis (Schutzlandprinzip), therefore the question of authorship in Switzerland is determined by the Swiss “creator’s principle”, not the British principle of “work for hire“.  Where it is claimed that there has been a parallel creation, inspired by elements in the public domain…

The Polish Supreme Court held that the use of elements of a work of authorship, which are widely known and available (in the public domain), in another work in which those elements were combined in a different way, constitutes an expression of individual creative thought, and cannot therefore be regarded as an infringement of copyright…

The Court of Turin held that the main idea for a finished work (a TV commercial for the FIAT 500) had been developed in an initial project carried out by the claimant and that this project was the basis for the subsequent authors’ work.  Consequently, the commercial was evidentially a development of his original idea.  His work was therefore…

The Court rejected B’s application to establish his authorship of a film as a legal fact.  Under Copyright Law no registration or other formalities are required to enjoy copyright protection. It follows that a person owns copyright upon creating a work and there are no special documents certifying the authorship. Therefore a court cannot turn into a…

“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…

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…

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….

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…

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…