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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 [...]

CJEU Advocate General sides with Google in data protection dispute

Christina Angelopoulos“AG Jääskinen declined to classify Google as a “controller” of the data included on the pages indexed by its search engine within the meaning of article 1(d) of the Data Protection Directive.”

The CJEU’s Advocate General Niilo Jääskinen issued an Opinion  on 25 June advising the Court to refrain from allowing citizens the right to require Google to block links to content they find embarrassing and declining the existence of a “right to be forgotten” in existing EU legislation.

The case concerned the publication in 1998 in the printed edition of a widely circulated Barcelona newspaper of two announcements concerning a real estate auction in connection with proceedings related [...]

French Supreme Court on 5(2) BC: national law determines who is the copyright owner

Brad-Spitz“The law of the country where protection is sought governs all matters relating to the exercise and enjoyment of copyright, including the determination of the rights holder.”

Article 5(2) of the Berne Convention for the Protection of Literary and Artistic Works provides that “The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of [...]

Copyright in a Borderless Online Environment

Copyright law has developed in close connection with technological evolution. This is particularly true of digital technologies, especially the Internet, which, since the mid-1990s, has generated both vast opportunities and enormous challenges for the copyright system. Geographical distance is no longer an obstacle to the dissemination of works, which can now take place at virtually no cost. This has provided creators and their commercial partners with new means to exploit their rights, and it has opened the door to new forms of infringement, some of which have proved difficult to combat. To a large extent these opportunities and challenges relate to the territorial nature of copyright appli [...]

Experience concerning new restrictions of the private copying rule from the German perspective – a complimentary comment on the Blog Post: And the private copy war continues: news from the Dutch front! (by Lucie Guibault)

As reported by the Dutch commentator Lucie Guibault in her recent Blogpost the Dutch government (in the person of the secretary of state, Fred Teeven) plans to restrict the private copying limitation. Downloads from “obviously illegal sources” shall be declared unlawful. In Germany such a rule exists already, implemented in the course of the first and the second “Reform of the German Copyright in the Information Society” (the so called First and Second Basket). So far this step yielded no positive effects for the creators or the content industry. Quite the contrary!

No benefit for the rights holders whatsoever: The technical reason

On the one hand, the restriction of the private copy [...]

Database rights and the place of re-utilisation

By Gaetano Dimita
The football data clashes continue. This time, the Court of Appeals decided to bring an important aspect of the Dataco case (as mentioned here) to the attention of the Court of Justice:

Hearing the appeal and cross appeal on Football Dataco Ltd, The Scottish Premier League Limited, The Scottish Football League Limited and PA Sport UK Limited v Sportradar GmbH & and Sportradar AG [2010] EWHC 2911 (Ch), the Court of Appeals (Lords Justices Laws, Jacob and Wilson) decided to refer the following questions to the Court of Justice of the European Union for a preliminary ruling:

‘Where a party uploads data from a database protected by sui generis right under Directive 96/9/EC o [...]

District court of Nicosia, September 29, 2010: Protection of performer rights of Greek actors in Cyprus

The issue of protection of the neighbouring rights of Greek actors in Cyprus has been examined recently by the District Court of Nicosia. The case concerned the broadcasting of Greek movies by a Cypriot broadcasting organization. The collecting society managing the performers rights in Cyprus demanded equitable remuneration for the broadcasting of films on the basis of a reciprocity agreement with the Greek collecting society for the management of the neighbouring rights of actors. The Cypriot court rejected the demand due to lack of sufficient evidence about the standing to sue of the collecting society and the lack of proof of the rights of the claimant. According to the court, the collect [...]

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