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It takes one to tango? The ever-expanding EU exclusive competence in IP-related treaties

anaramalho“With the decision in case C-114/12, the Court is now placing emphasis on the hypotheticals by holding that the mere possibility of an international agreement impacting the EU acquis is enough to rule out Member States’ intervention, making the EU exclusively competent to conclude this type of agreement.”

On 4 September 2014, the Court of Justice of the EU (CJEU) delivered its ruling in case C-114/12 – Commission and Parliament v. Council, concerning a decision of the Council and the Representatives of the Governments of the Member States. The decision authorized the Commission to participate in the negotiation for a Convention on the protection of the rights of broadcasting organiz [...]

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 [...]

Public libraries: the right to digitise and the right of reproduction

Svetlana Yakovleva“What the Court did not consider though, is that the outcome of the application of the 3-step test to the digitisation of each individual work for the purposes of making it available for research and private study purposes may conflict with the absolute prohibition of digitising the entire collection.”

Judgment CJEU of 11 September 2014, Technische Universität Darmstadt v Eugen Ulmer KG (C-117/13). Request for a preliminary ruling from German Bundesgerichtshof (Federal Court of Justice).

The CJEU confirms the ancillary right of public libraries to digitise books from their collection in order to make them available by dedicated terminals without the rightholder’s consent. However, in the [...]

Recently added copyright cases

KluwerThe KluwerCopyrightBlog is part of Kluwer’s IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important (new and older) case law in the field of copyright in one database.

To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database. The selection of this month includes recently submitted cases from Denmark, France, Belgium and Croatia:

oister-discoDenmark: music fragment enjoys copyrigh [...]
CJEU in OSA: a victory for right holders against free use and of CMOs against the European Commission?

Sylvie-Nérisson“The answers from Luxembourg were much awaited not only due to the questions being interesting as such, but also because academia, the European Commission and the CJEU do not see eye to eye on these currently highly debated issues.”

In response to questions lodged by a Czech court (Krajský soud v Plzni) in a preliminary ruling procedure ( C‑351/12), the Court of Justice of the European Union decided earlier this year that there is no flexibility in the interpretation of the Infosoc directive (2001/29/EC) regarding limitations and exceptions to exclusive rights (points 40-41) and that the statutory monopoly position of a CMO complies with the requirements of the Services directive (200 [...]

Recently added copyright cases

KluwerThe KluwerCopyrightBlog is part of Kluwer’s IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important (new and older) case law in the field of copyright in one database.

To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database.

The selection of this month includes recently submitted cases from the UK, France, Italy, Portugal, Hungary, Malta and Finland:

UK: Court of App [...]
No more downloading from unlawful sources?

Quintais-de-Leeuw-DLDThis would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make.”

In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the private copying limitation, when interpreted in light of the three-step test, only allows Member States to exempt reproductions made for private use from lawful sources from authorization. The Court essentially followed the Opinion of AG Villalón (see here).

Table of Contents

Facts, dispute and questions referred
Judgment
Reactions and Impact
Conclusion

Facts, dispute an [...]
Downloading from Unlawful Sources. Reflections following the Villalón Opinion on AciAdam and Others.

Downloading illegal

This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 – ACI Adam and Others, delivered on 9 January 2014 (not available in English).

In this case, Advocate General Villalón considered whether reproductions from unlawful sources fall within the private copying exception of art. 5(2)(b) of Directive 2001/29/EC (Copyright Directive), as well as whether it is in line with the Directive to calculate the private copying levy based on reproductions from both lawful and unlawful sources. (All legal provisions cited hereinafter refer to this legal instrument, unless otherwise stated). The questions referred also relate to the effect of the application [...]

Germany: The Pixelio Stock photo case and the District Court of Cologne…again

benjamin-schuetze“According to Art. 13 of the German Copyright Act (“CA”) the author has the right to be identified as the author of the work. He may determine whether the work shall bear a designation of authorship and which designation is to be used.”

The District Court of Cologne (Landgericht Köln) apparently never sleeps. After its somewhat questionable role in a surge of so called Redtube warning letters which infested some 10.000 unsuspecting German internet users in December 2013, the Court surprises both internet users as well as the legal community with a judgment (LG Köln, judgment of 30.1.2014, 14 O 427/13) on the moral right of recognition of authorship (Art. 13 Copyright Act) and its [...]

The Svensson case and the act of communication to a new public

Patricia mariscal“In other words, the initial communication by the copyright holder already encompassed the potential public that subsequently accessed the content via the links”


The long-awaited judgment of the CJEU in the Svensson case, judgment of 13 February 2013 in (C-466/12).

The legal definition of internet links has been a widely-discussed subject in recent times, pitting those who consider links an act of communication to the public within the meaning of article 3.1 of Directive 2011/29/EC (Directive of the Information Society) against those who, on equally justifiable grounds, argue that the creation of internet links does not, strictly speaking, constitute an act of communication to the publi [...]

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