A full report of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The Court of Justice of the European Union concluded that Directive 93/98/EEC harmonising the term of protection of copyright in the EU does not have the effect of restoring or…

In a recent decision (case C-169/15), the Court of Justice of the European Union has ruled that Directive 93/98/EEC harmonising the term of protection of copyright in the EU does not have the effect of restoring or reviving rights that, prior to its entry into force (1 July 1995), were for any reason in the…

A recent judgment by the Spanish Supreme Court draws a line under the legal dispute between the heirs of the British writer G. K. Chesterton and a Spanish publishing house concerning the term of protection applicable to the former’s works in Spain. The judgment declares that Chesterton’s works, just like those of any national or…

Both the US and the EU now have basic copyright terms of the life of the author plus 70 years.  But when US authors simultaneously publish in Canada, they may end up truncating their term of copyright in the EU.  Moreover, simultaneous Canadian publication decades ago could have an immediate effect on works by US…

The New Year’s festivities are just behind us and with these the celebrations around Public Domain Day 2012 that took place in different cities in and outside Europe (Warsaw, Zurich, Turin, Rome, Haifa etc.). 2012 brings with it the joy of using James Joyce’s masterpieces without asking the estate for prior authorization (which more often…

As highlighted in a previous post by one of my fellow Kluwer Copyright bloggers, and others, a proposal by the European Commission for a directive on an extension of the term of protection for fixations of performances and for phonograms to 70 years after the recording (from current 50 years) has recently been brought back…

[By Luke McDonagh) The Irish Times has today reported that the copyright in the Irish national anthem is due to expire next year. When the copyright in “A Soldier’s Song”, or as it is known in its Irish language version, “Amhrán na bhFiann”, expires at the end of 2012, the debate is expected to reopen…

Bad news from Denmark. According to an official press release, the Danish government has changed its position and now endorses the European Commission’s proposal to extend the term of protection for sound recordings. Since Denmark was part of a fragile blocking minority in the European Council, there is a danger now that the EU Presidency…

National legislation implementing the Directive on the legal protection of designs (98/71/EC) may not exclude from copyright protection designs that were protected by a registered design right and entered into the public domain before the entry into force of said legislation, in so long as they meet the requirements to be eligible for copyright protection….