Menu
Browse Options
US: Gaylord v. U.S., United States Court of Appeals, Federal Circuit, No. 2014-5020, 4 February 2015

Please click here to find US copyright cases from the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case.

Recently added from our US IP Law Daily service:

Gaylord v. U.S., United States Court of Appeals, Federal Circuit, No. 2014-5020, 4 February 2015

The U.S. Court of Appeals for the Federal Circuit has held that $540,000 was a reasonable royalty for the United States to pay on infringing commemorative stamps that the U.S. Postal Service had sold to collectors (Gaylord v. U.S., February 4, 2015, Taranto, R.). The stamps were created to commemorate the service of Korean War veterans, but they in [...]

France: TF1, Court of Cassation of France, First Civil Law Chamber, 13-22401, 13 November 2014

In this judgment, the French Supreme Court ruled that an author who is a member of a collecting society may not take action in infringement cases to protect his economic rights, except in the case of a deficiency on the part of said collecting society.

In the same judgment, the Supreme Court ruled that publishing agreements for the assignment of rights of an author must be in writing, and it is not possible to demonstrate the existence of an agreement by reference to the behaviour of the authors as regards the exploitation of the work.

A full summary of this case has been published on Kluwer IP Law

[...]
Czech Republic: “Bike Shop v. Masters of Sound”, Constitutional Court of the Czech Republic, II. ÚS 3076/13, 15 April 2014

In a case concerning the use of a radio set in a small bike shop, the Constitutional Court ruled that in order to assess whether a user is making a communication to the public, the situation of the specific user and of all the persons to whom he communicates the protected works must be assessed.

A full summary of this case has been published on Kluwer IP Law

 

[...]
Danish Court issues website blocking ruling concerning the illegal distribution of replica products

Maria-FredenslundThe first Danish court decision on blocking an infringing website selling replica products was issued on December 11, 2014. It was the Danish Maritime and Commercial High Court that issued the ruling, which orders Danish Internet Service Providers (ISPs) to block access to the online store, Interior Addict. Interior Addict is a website which illegally distributes replica furniture and lamps in Denmark.

Danish right holders and their local content protection organisation, RettighedsAlliancen, have a long history when it comes to website blocking. Right holders have, since the first blocking ruling in 2006, obtained a number of court rulings requiring Danish ISPs to block access to illegal we [...]

Publication: The variable scope of the exclusive economic rights in copyright

B_KLI003_16 INFO 31 Depreeuw.inddThe book “The Variable Scope of the Exclusive Economic Rights in Copyrightrecently published in Kluwer’s Information Law Series is the result of my doctoral research (which led to a doctoral dissertation defended at Vrije Universiteit Brussel in 2011).  This article provides an overview of the research described in the book, followed by a more detailed description of some of the key subjects covered.

Overview of the Book

Originally, the starting point of the research was the observation that in a digital always “ON” world some acts are protected under copyright, while the same acts are not in the analogue world.  Take searching for information as an example:  in the analogue w [...]

France: Do members of collecting societies retain the right to sue?

Brad-SpitzArticle L.321-1 paragraph 2 of the French Intellectual Property Code (‘IPC’) provides that collecting societies are entitled to take legal action to defend the rights for which they are responsible under their articles of association (by-laws). Collecting societies may therefore take legal action to defend their repertoires and those of foreign collecting societies that they manage, whether before the civil courts (Supreme Court, 22 March 1988, 86-11874) or the criminal courts (Supreme Court, 25 October 1988, 86-91720). In its judgment of 13 November 2014 (13-22401), the French Supreme Court answered a very important question: do authors who are members of collecting societies retain the [...]

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 [...]

Who owns the World Cup? The case for and against (intellectual) property rights in sports.

KCB 490 Bently IVIR influx 
During the recent  25th anniversary  conference of  the IViR (2-4 July in Amsterdam) many interesting lectures were given and many intriguing panel discussions were held. In the unfortunate case you missed the conference, you can find several  fotos and videos of the event on the webpage of the conference and on  IViR’s YouTube channel.

Readers of this blog already know that the last day of the conference, just after the splendid closing keynote by James Boyle, a panel was dedicated to an event very high in (almost) everybody’s minds, at least at that time – the 4th of July was the day of the FIFA World Cup quarter finals.

The title of the panel was “Who owns the world cup? T [...]

The concept of parody and the legitimate interests of parodists and copyright holders

Philippe-LaurentJudgment CJEU, 3 September 2014, Deckmyn and Vrijheidsfonds (C-201/13). Request for a preliminary ruling from the Hof van Beroep te Brussel (Belgium).

Belgian copyright law provides that “once a work has been lawfully published, its author may not prohibit caricature, parody and pastiche, observing fair practices”. This provision, which existed before the adoption of the InfoSoc Directive 2001/29/CE, and which has not been modified by the implementation of the latter, was clearly subject to interpretation (especially the last three words : “observing fair practices”).

Belgian Courts and Tribunals have therefore progressively established many conditions to be met in order to successfu [...]

Premier League claims copyright on football matches shown in copyright debate

YT Football“However, another aspect attracted my full attention.”

While preparing a post for this blog about the wonderful panel ‘Who owns the World Cup: The case for and against property rights in sports events’,  that concluded IViR’s 25th anniversary conference, something unusual stopped me.

I received an email from a colleague informing me that the videos of the conference (at least those of the panel discussions that were held in the magnificent Oosterhuiszaal) were available online on IViR’s YouTube channel. Very good news, especially for all the people who could not attend the conference and who have now the possibility to watch it (or at least parts of it) online.

However, another aspe [...]

Contributors, Authors, Books, & More...