On 10 May, the District Court of The Hague extended an earlier ruling with regard to two access providers to block The Pirate Bay to several major Dutch access providers.  The providers lament the ruling and consider appealing it, but soon more than 90% of the Dutch market blocks the infamous website. On the same…

In recent years, Italian courts have struggled to create a new figure, the ‘active hosting provider,’ whereby providers that do not offer any content themselves, can nonetheless be held liable with regard to their (commercial) activities in relation to infringing content that was uploaded by users. On the one hand, it could be argued that…

On 5 April 2012, the French Court of Cassation stayed of proceedings in a copyright infringement case opposing a French songwriter to an Austrian CD manufacturer and referred preliminary questions to the CJEU on the interpretation of Article 5 (3) of Regulation 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and…

“One could say that the CJEU by its decision in the Bonnier-case has “defended” or “safeguarded” the right of civil enforcement by right holders against direct online infringers.” As with enforcement of rights in the analogue environment, enforcement of copyright online presupposes that the infringer is identified or that an intermediary takes action. However, it can…

On April 24, 2012 the Advocate General Yves Bot delivered his opinion in the UsedSoft case (C-128/11) concerning exhaustion in digital products that have not been distributed on a material carrier. I think this may be one of the more interesting and bold opinions in the area of copyright law, although I am aware the…

Patents Court London, 12 January 2012, Temple Island Collections Ltd v New English Teas Ltd & Nicholas John Houghton. A photograph of a red Routemaster bus travelling across Westminster Bridge with the Houses of Parliament and the bridge shown in gray, which shares visually significant elements with the claimant’s photograph, infringes copyright, despite the fact…

On 26 January 2012, the Belgian Supreme Court decided to quash an appeal decision deeming that “when requiring that a work must show the stamp of the author’s personality in order to benefit from copyright protection, the judges of appeal do not validate their decision in law”. According to the Supreme Court, a literary or…

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…

The CJEU’s ruling in the Scarlet v. SABAM case (C 70/10) is still fresh in our memories: court injunctions to install global and preventative filtering systems with a view to preventing copyright infringements are precluded. SABAM asked again for the same measures in the framework of the SABAM v. Netlog litigation. Again, the Belgian court…

Patents Court London, 19 January 2012, Hoffman v Drug Abuse Resistance Education. A charity infringed copyright in photographs by including them in its website withouth the author’s permission. The fact that the charity was under a good-faith impression that it had permission to use the photographs, as they appeared in a website that was covered…