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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  [...]

Historic conviction of the administrators of a downloads site: Youkioske Judgment handed down by the Spanish National High Court (Criminal Chamber) on 5 March 2015

Patricia MariscalOn 5 March 2015, the Spanish National High Court convicted the administrators of the website Youkioske of an aggravated intellectual property offence and of promoting and establishing a criminal organisation.  The judgment can be deemed ‘historic’ since it is the first time that the operators of a downloads site have faced a penalty of this magnitude – no less than 6 years’ imprisonment, a fine equivalent to a period of 20 months at a rate of 10 Euros per day, disqualification from operating websites professionally for a period of five years and the attachment of the almost 200,000 Euros that had been made from the unlawful activities.  It does not end there, however, for the guilt [...]

Everything you always wanted to know about private copying but were afraid to ask (Case C-463/12 Copydan Båndkopi v Nokia Danmark A/S)

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On March 5, 2015 the Court of Justice of the European Union (the ‘Court’ or ‘CJEU’) ruled on Case C-463/12 Copydan Båndkopi v Nokia Danmark A/S (‘Copydan’). The case marks the seventh occasion on which the Court has ruled on the issue of the private copying limitation under art. 5(2)(b) Directive 2001/29/EC (the ‘Directive’), following Padawan, Stichting de Thuiskopie, Luksan, VG Wort, Amazon.com and, most recently, ACI Adam. Currently, at least two more cases are pending: C-572/13 Hewlett-Packard and C-470/14 Egeda.

This blog post is structured as follows. Section 1 briefly discusses Copydan’s background and facts, while clarifying the issues examined by the Advocate Ge [...]

Russia’s New Anti-piracy Law. Throwing the Baby out with the Bath Water?

Svetlana YakovlevaOn 1 May 2015 a new, second, ‘anti-piracy’ law [1] will take effect in Russia. This law amends the provisions on preliminary interim blocking injunctions for intermediaries introduced by the first anti-piracy law, which took effect on 1 August 2013.

In the opinion of this blogger, the new law, like its predecessor, will barely affect internet piracy in Russia. It is not a secret that both providers and consumers of pirated content are well equipped to circumvent the injunctions. But what about the ordinary internet users, i.e. innocent website owners? The provisions of both anti-piracy laws are so ambiguous, and procedures for introducing and enforcing injunctions are so straightforward [...]

Austria: UPC-Telekabel II/kino.to, Supreme Court of Justice of Austria, 4 Ob 71/14s, 24 June 2014

On June 24, 2014, the Austrian Supreme Court ruled that the Austrian internet service provider UPC Telekabel Wien GmbH must block access to copyright infringing websites.  The Supreme Court noted that, in accordance with the ruling of the Court of Justice of the European Union in Case C-314/12, such an injunction leaves its addressee to determine the specific measures to be taken in order to achieve the result sought. This way the internet service provider can choose to put in place measures which are best adapted to the resources and abilities available to him and which are compatible with the other obligations and challenges which he will encounter in the exercise of his activity.

A [...]

ECJ: Auction houses may transfer cost of artist’s resale royalties to the buyer

Brad-SpitzAn auction house may transfer the responsibility of paying the artist’s ‘droit de suite’ from the seller to the buyer.

This judgment, rendered by the European Court of Justice on 26 February 2015 in response to a reference from the French Supreme Court, will satisfy the auction houses and art dealers in Europe (Christie’s France SNC v Syndicat national des antiquaires, Case C-41/14). The ECJ has held that under Article 1(4) of Directive 2001/84/EC on the resale right for the benefit of the author of an original work of art, the seller or an art market professional involved in a transaction may agree with any other person, including the buyer, that the said other person will bear the [...]

New Turkish Construction Regulations Impair the Copyright Protection on Architectural Works

Emre BayamlıoğluA brief outline of the copyright protection granted for architectural designs

In Article 2/1,  the Berne Convention counts architectural works, together with plans, sketches and three-dimensional works relative to architecture, as copyrightable subject matter.

Turkish law treats architectural creations in two different categories: as “literary works” and “works of fine art”. Accordingly, under Law No 5846 on Artistic and Intellectual Works, the architectural work itself and the plans, sketches and three-dimensional works relative to architecture are classed as two different types of work.

Article 4 of Law No 5846 titled “Works of Fine Art” grants copyright protection to archite [...]

Why the reform of the Spanish law has been contested in the Spanish Constitutional Court

Pablo HernandezThe latest large-scale reform of the Spanish Copyright Act was published on 5 November 2014.  The key aspects of the reform are discussed here.  The bulk of the opposition to the reform contends that two provisions of the Act, namely, the new regulation for private copying and the imposition of a “one-stop shop” system, breach the Spanish Constitution.    

The current Spanish governing party decided as soon as they came to power, at the end of 2011, to abolish private copy payments by consumers in Spain in order to fulfil a campaign pledge to voters.  Since no one wanted to make private copying into an illegal practice, the solution was to keep the copyright limit and to add the [...]

Spain: APM v. SGAE, Spanish National Competition Commission, Resolution S/0460/13, 6 November 2014

In a recent decision, the Spanish Market and Competition Commission (CNMC), imposed a fine of 3.1 million Euros on the Spanish collecting society, SGAE, for demanding an excessive fee for concert licensing.

This decision is of particular interest because the Spanish competition authority has taken a new approach when interpreting the European law on the method of analysing the fairness of a fee.  This could lead to considerable uncertainty if this line of interpretation should become established.

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

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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 [...]

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