On 19 November 1992, the European Council adopted the Directive 92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property (now replaced by Directive 2006/115/EC), which provides an exclusive right to authorize or prohibit the rental and lending of originals and copies of copyrighted works….

One of the recent judgements of the Polish Supreme Court provides a good opportunity to review the basic rules applying to copyright contracts in Poland. The Polish copyright law treats copyright contracts in a rather strict and formal way. It specifically states that both assignment and license contracts only cover the co-called fields of exploitation…

On 3 May 2011, the Paris Court of Appeal dismissed the claims of copyright infringement brought by the Syndicat National de l’Edition Phonographique (SNEP- trade association of the French recording industry) against Google. Since 2008, the search engine is proposing a service, Google Suggest, which guesses and suggests a list of keywords in real time…

The commented decision may at first glance appear to be of limited importance only, but after closer examination it contains two interesting points of more general significance. The basic facts are the following: the plaintiff, a collecting society ZAIKS, brought a claim against two companies demanding payment for selling copies of the film “Rejs” (“Cruise”),…

The Advocate General’s Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., parts of which have already been discussed in an earlier blog post (here), also deals with the copyrightability of portrait photos. In this case, German and Austrian newspaper publishers had published portrait photos of Natascha Kampusch, and a photo-fit based on one…

On 12 April 2011, Advocate General Trstenjak delivered her Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., in which the ECJ has been asked to give preliminary guidance on various questions concerning copyright in portrait photos used in news reports. Eva-Maria Painer, a professional photographer, produced portrait photos of Natascha Kampusch prior to…

By Gaetano Dimita The football data clashes continue. This time, the Court of Appeals decided to bring an important aspect of the Dataco case (as mentioned here) to the attention of the Court of Justice: Hearing the appeal and cross appeal on Football Dataco Ltd, The Scottish Premier League Limited, The Scottish Football League Limited…

As mentioned in a previous post, on 22 March 2011 the Spanish Audiencia Nacional (High Court) annulled for formal reasons the Spanish ordinance that determines which digital reproduction equipment and media are subject to the private copying levies. The ordinance had been challenged before the Spanish courts by the Asociación de Internautas (an Internet users’…

What is and what is not a copyright work is a question even copyright lawyers find difficult to answer when confronted with subject matter on the verge of the required standard of originality. Polish copyright law has quite a long tradition of setting the threshold rather low, which may encourage frivolous lawsuits forcing courts to…

In case C 393/09, the ECJ decided that a GUI is not a form of expression of a computer program and cannot therefore be protected by copyright as a computer program under Directive 91/250/EEC. Indeed, that directive protects the forms of expression of a computer program and the preparatory design work capable of leading, respectively,…