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The Netherlands: Photo on YouTube Channel, Court of Appeal of ‘s Hertogenbosch, ECLI:NL:GHSHE:2014:284, IEF 11605 and ECLI:NL:GHSHE:2014:2524, IEF 14082, 29 July 2014

This case in the Court of Appeal of ‘s-Hertogenbosch concerned the use of a photograph of a photo model by two rappers in one of their music videos. The video was uploaded to YouTube after which it was disseminated via their own website’s homepage and their YouTube Channel. Although the rappers were authorised to do so by the photo model in question, they did not have the consent of the photographer, i.e. the rightholder. Consequently, the photographer brought suit against the two rappers on the basis of copyright infringement.

In order to estimate her damages, the photographer provided the Court with an indicative rates list for photography assignments. Although the Court found t [...]

Portugal: Tryptic Shop Deco, Supreme Court of Justice of Portugal, 3952/08.9TJVNF.P1.S1, 17 December 2014

The Supreme Court held that pictures of tryptic paintings, as copyrightable artistic works, cannot be used as decoration of shops and on online catalogues without the authorisation of the owner of the copyright in those paintings.

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

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UK: John Kaldor Fabricmaker v. Lee Ann Fashions, High Court of England and Wales, Chancery Division, [2014] EWHC 3779 (IPEC), 21 November 2014

A claim for infringement of copyright and design rights failed. There was no good reason to reject evidence that the fabric in question was created without sight of the claimant’s fabric; the similarities between the designs were not sufficient to infer that there had been subconscious copying.

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

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Bulgaria: Commercial case No. 3824 of 2014, Court of Appeal of Sofia, 478, 11 March 2015

In this case, the Court of Appeal was required to determine the amount of damages payable when the fact of infringement was ascertained but there was insufficient evidence on the total amount of damages incurred.  The court held that the circumstances related to the type, nature and gravity of the infringement, the lost profit, any moral damages incurred and the revenue gained as a result of the infringement should all be taken into account, in accordance with the equity principle.

In this case, which concerned copyright infringement through the publication of two photographs in two issues of a daily newspaper, the court took into account the following: the significant circulation of t [...]

Popcorn Time – a website blocking order decision with a slightly different flavour

Blum_Jeremy2Another blocking order in the UK, however, this time there was some complexity about the actual acts of infringement. In Twentieth Century Fox Film Corporation & Ors v Sky UK Ltd & Ors, the High Court considered the circumstances in which website blocking orders should be granted against websites facilitating the use of a “sophisticated and user friendly” application known as Popcorn Time, which uses the BitTorrent protocol to obtain infringing film and TV content from one or more host websites. Although the court ultimately granted the order on the basis of joint tortfeasance, on the particular facts of this application the court did not consider that infringing acts of communication to [...]

USA: Gregory S. Markantone, DPM, P.C. v. Podiatric Billing Specialists, LLC, United States Court of Appeals, Third Circuit, No. 14-3097, 28 April 2015

A podiatric medical practice and its principal could not bring a copyright infringement claim against a billing company for unauthorized use of the practice’s medical data, including office procedures, patient information, and operational rules, because the data at issue had not been registered with the Copyright Office, the U.S. Court of Appeals in Cincinnati has decided (Gregory S. Markantone, DPM, P.C. v. Podiatric Billing Specialists, LLC, April 27, 2015, Fuentes, J.). In addition, the plaintiffs failed to allege that the billing company violated any of the exclusive rights listed in Section 106 of the Copyright Act.

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

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EAÜ v MTÜ Safari Seiklused: An interesting Estonian case about damages awardable for copyright infringement

Elise-Vasamae-KCBIn its recent judgment in EAÜ v MTÜ Safari Seiklused (the “Safari” case), the Estonian court held that where a person has signed a licence agreement with an authors’ collecting society, with the intention of using the rights of authors commercially for a public performance, they must unquestioningly fulfil all of the terms of that agreement. According to the licence agreement signed between an Estonian concert organiser, MTÜ Safari Seisklused, and the Estonian Authors’ Society (EAÜ) the amount of the licence fee did not depend on how many authors EAÜ in fact represents. Therefore, although in this case EAÜ represented only one author from three whose works were being played publicl [...]

TV Catchup in CJEU Repeat

Savvides_TheoIn a decision that could have serious implications for websites providing real time streaming of free to air broadcasts, the English Court of Appeal has recently handed down its Judgment in the case of ITV Broadcasting Limited and others v TV Catchup Limited and others [2015] EWCA Civ 204.  The outcome is that the action brought by a number of British free to air broadcasters (ITV, Channel 4 and Channel 5) against TV Catchup, an internet TV streaming service, has been referred to the Court of Justice of the European Union (the “CJEU”) for a second time. 

Background

Readers may remember that this case has already been referred to the CJEU (Case C-607/11), who held that the concept of c [...]

Tank Man hits the Constitutional Court

bielik-photoRegular readers of this blog will be familiar with an earlier decision by the Slovak Supreme Court about unauthorised use of a famous Tank Man picture in the Slovak media. The case has now hit the Slovak Constitutional Court, thus providing it with the first ever opportunity to discuss the interface of copyright and freedom of expression. And it is very interesting reading.

Some background first. In 1968, when Soviets invaded Czechoslovakia following the Prague Spring, the Tank Man picture was splashed across the front page of major newspapers globally. It was taken by a young photographer, Ladislav Bielik, and showed a bare-chested man in front of the occupiers’ tank who was ready to be sho [...]

Who will C More? Broadcasters, users or unauthorised website portals?

Blum_Jeremy2On 26 March, the Court of Justice of the European Union (CJEU) handed down Case C-279/13 C More Entertainment, the latest decision regarding the right of communication to the public in the context of websites providing links to content. In this particular case, C More provided live broadcasts of ice hockey matches on the Internet for payment of a fee. The defendant created links on its website to the C More live broadcasts and circumvented the paywall thus allowing its users to have live access to the broadcasts.

When the case of C More was initially referred, the fashionable focus on the nature of internet hyperlinks was in full swing. There were already pending references for Svensson  [...]

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