The pictorial universe of Kukuxumusu is emblazoned on countless sweatshirts and T-shirts across the length and breadth of Spain. A blue bull with yellow horns and a sheep with bulging eyes and protruding ears are just two of the main characters of that universe, whose creators have managed to depict everyday situations in a humorous…

A full report of this case has been published on Kluwer IP Law. The Spanish Supreme Court annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law.  The system that had been in place until…

The Spanish Supreme Court has annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law. The system that had been in place up until now was analysed by the CJEU through a number of questions…

In response to a reference from the Spanish Supreme Court, the CJEU held that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as precluding a scheme for fair compensation for private copying like the Spanish system, which is financed from the General State Budget in such a way that it is not possible to ensure that…

1                Background, facts and questions On 9 June 2016 the CJEU ruled on Case C-470/14 – EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private copying exception or limitation in Article 5(2)(b) of Directive 2001/29/EC (the ‘InfoSoc Directive’) after Padawan, Stichting de Thuiskopie, Luksan, VG Wort,…

On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. Two organisations were affected, the society that represents record companies (AGEDI) and the society representing music performers (AIE), who operate in their respective sectors without competition. In the opinion of the Spanish Markets and Competition Commission (CNMC), the two…

On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. This time two organisations were affected, namely, the society that represents record companies (AGEDI) and the society representing music performers (AIE), who operate in their respective sectors without competition. In the opinion of the Spanish Markets and Competition Commission…

IN CASES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COMPENSATION FOR MORAL DAMAGES IS COMPATIBLE WITH PECUNIARY DAMAGES CALCULATED ON THE BASIS OF “HYPOTHETICAL ROYALTIES”.  Judgment of the CJEU of 17 March 2016 in Liffers, C-99/15 BACKGROUND This CJEU decision stems from legal proceedings brought in Spain by Mr. Liffers, the director, screenwriter and producer of…

Introduction The SGAE case recently resolved by the Spanish Competition Authority ended in a settlement agreement, as we previously reported . As we indicated in that article, this case did not just examine relations between the collecting society and users regarding the establishment of licensing terms and conditions. The initial analysis also tackled the complex…

Introduction 9 July 2015 saw the resolution of the umpteenth case involving Spain’s National Commission for Markets and Competition (CNMC) versus a Spanish collecting society (judgment here). On this occasion, the society was SGAE, responsible for managing music copyright. The proceedings examined a complaint made by various composers regarding the measures that the society had…