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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 [...]

CJEU: Mere Accessibility of Websites Enough for Jurisdiction

Martin HusovecIs the mere accessibility of a copyright infringing website sufficient to establish jurisdiction in a Member State? The Court of Justice of the European Union says a resounding “yes” in Pez Hejduk C-441/13.

The decision does not come as a big surprise, given the earlier (in)famous Pinckney C-170/12 ruling (reported on this blog here) – the ruling which many were refusing to believe was true. But it is. Pez Hejduk clears up any doubts.

Ms Hejduk is an author of photographic works depicting the buildings of the Austrian architect, Georg W. Reinberg. The defendant – EnergieAgentur – used Ms Hejduk’s photographs on its “.de” website. Taking the view that her copyright had been infringed, [...]

Italy: Buma di Paolo Buscema v Data Bridge, Supreme Court of Cassation of Italy, 13524/2014, 13 June 2014

The Italian Supreme Court confirmed that software which derives from a pre-existing computer program is eligible for copyright protection provided it demonstrates a minimal level of originality, even if it reproduces the main structure of the pre-existing program.

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

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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

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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

 

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The Dutch courts apply UsedSoft to the resale of eBooks

Portret SabaOn 20 January, the Dutch court of appeals (Hof Amsterdam) gave its preliminary ruling in the case of Tom Kabinet. In this ruling the court had to consider whether the CJEU UsedSoft rationale applies to eBooks as well. Without giving a final judgment, the court indicated that it considers it quite likely that exhaustion of rights, as described in art 4(2) of the Infosoc Directive, also applies to intangible goods, such as eBooks.

Tom Kabinet, a Dutch company, started a business in ‘used’ eBooks. The owner of an eBook can sell his copy through the website of Tom Kabinet. In order to sell used eBooks, the owner needs to declare that he obtained the copy legally, by agreeing to Tom Kabinet [...]

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