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It takes one to tango? The ever-expanding EU exclusive competence in IP-related treaties

anaramalho“With the decision in case C-114/12, the Court is now placing emphasis on the hypotheticals by holding that the mere possibility of an international agreement impacting the EU acquis is enough to rule out Member States’ intervention, making the EU exclusively competent to conclude this type of agreement.”

On 4 September 2014, the Court of Justice of the EU (CJEU) delivered its ruling in case C-114/12 – Commission and Parliament v. Council, concerning a decision of the Council and the Representatives of the Governments of the Member States. The decision authorized the Commission to participate in the negotiation for a Convention on the protection of the rights of broadcasting organiz [...]

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 [...]

Public libraries: the right to digitise and the right of reproduction

Svetlana Yakovleva“What the Court did not consider though, is that the outcome of the application of the 3-step test to the digitisation of each individual work for the purposes of making it available for research and private study purposes may conflict with the absolute prohibition of digitising the entire collection.”

Judgment CJEU of 11 September 2014, Technische Universität Darmstadt v Eugen Ulmer KG (C-117/13). Request for a preliminary ruling from German Bundesgerichtshof (Federal Court of Justice).

The CJEU confirms the ancillary right of public libraries to digitise books from their collection in order to make them available by dedicated terminals without the rightholder’s consent. However, in the [...]

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 [...]

CJEU in OSA: a victory for right holders against free use and of CMOs against the European Commission?

Sylvie-Nérisson“The answers from Luxembourg were much awaited not only due to the questions being interesting as such, but also because academia, the European Commission and the CJEU do not see eye to eye on these currently highly debated issues.”

In response to questions lodged by a Czech court (Krajský soud v Plzni) in a preliminary ruling procedure ( C‑351/12), the Court of Justice of the European Union decided earlier this year that there is no flexibility in the interpretation of the Infosoc directive (2001/29/EC) regarding limitations and exceptions to exclusive rights (points 40-41) and that the statutory monopoly position of a CMO complies with the requirements of the Services directive (200 [...]

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 [...]

EU Commissioner Kroes: Our single market is crying out for copyright reform

Neelie-Kroes-IVIR“Every day citizens here in the Netherlands and across the EU break the law just to do something commonplace. And who can blame them when those laws are so ill-adapted.”

Speech Neelie Kroes, vice-president of the European Commission, delivered at the opening of Information Influx, the 25th anniversary conference of the Institute for Information Law (IViR) on 2-4 July 2014 in Amsterdam.

“Happy birthday to you all at the Institute for Information Law. I would sing you “Happy Birthday”. But technically I think the song is still under copyright — I don’t want to have to pay the royalty.

Today the debate about information, innovation, and intellectual property can be complex, personal, and [...]

The TTIP-gate: a tale of access to documents, secrecy and EU powers

Ana-Ramalho“The Court added a cherry on top of the transparency cake.”

It is no secret that secrecy in the TTIP negotiations has been bothering several sectors of civil society (apologies, but the links to back this up were too many to insert here). Just last week, the Court of Justice has issued a decision in Case C-350/12  that sheds further light into this matter.

The case concerns a dispute over access to a document – the opinion of the Council’s Legal Service covering certain aspects of the opening of negotiations on an international agreement to make available to the United States some financial data. One of the elements of this document is an analysis of the legal basis and the respect [...]

No more downloading from unlawful sources?

Quintais-de-Leeuw-DLDThis would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make.”

In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the private copying limitation, when interpreted in light of the three-step test, only allows Member States to exempt reproductions made for private use from lawful sources from authorization. The Court essentially followed the Opinion of AG Villalón (see here).

Table of Contents

Facts, dispute and questions referred
Judgment
Reactions and Impact
Conclusion

Facts, dispute an [...]
Study on sports organisers’ rights in the EU

Sportrights“The study concludes that under their domestic copyright laws none of the current EU Member States offer protection to sports events as such. A handful of countries, however, afford some special form of protection to the specific interests of sports organizers.”

A study on sports organizers’ rights was launched by the European Commission in January 2013. It was carried out by a consortium composed of TMC Asser Institute and the Institute for information law (IViR) Faculty of law, University of Amsterdam. The study was financed by the Preparatory Action ‘European Partnership on Sports’ 2012. 

Main objectives and findings

The main objectives of the study were to map the legal framework [...]

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