A full report of this case has been published on Kluwer IP Law. The Supreme Court held that in order to decide whether there has been an infringement of the personality rights of an architect by modifications to his work, it is necessary to establish the degree of intensity of relationship between the architect and…

A full report of this case has been published on Kluwer IP Law. The French Supreme Court upheld a judgment of the Court of Appeal of Paris that found an individual guilty of reproducing sculptures of Rodin, stating that the infringement of rights in a work that has fallen into the public domain consists of…

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…

A full report of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The Court of Justice of the European Union concluded that Directive 93/98/EEC harmonising the term of protection of copyright in the EU does not have the effect of restoring or…

A full report of this case has been published on Kluwer IP Law. Article L.113-3 paragraphs 1 and 2 of the French Intellectual Property Code (‘IPC’) provides that a work of collaboration shall be the joint property of its authors, and that joint authors shall exercise their rights by common consent. The decisions relating to…

A full report of this case has been published on Kluwer IP Law. In this landmark case, the Estonian Supreme Court analysed in detail the legal issues relating to equitable remuneration for the private copying exemption, concentrating on the legality of the regulation on the “blank tape levy” which was established in 2006, and had…

The Labour Chamber of the French Supreme Court has reaffirmed that under Article L.111-1 paragraph 3 of the French Intellectual Property Code (‘IPC’), a labour agreement entered into with the author of a work shall in no way derogate from the general rule, under which the author is the first creator. Therefore, in default of…

In this case, brought by a Latvian collective management organisation (AKKA/LAA) against the Latvian Government, the European Court of Human Rights held as follows: 1. The protection of intellectual property rights, including the protection of copyright and the economic interests deriving from it, falls within the scope of Article 1 of Protocol No. 1 of…

The Conseil d’Etat, the French administrative Supreme Court, ordered the French Prime Minister to take regulatory measures to indemnify the ISPs (Internet service providers) for the costs incurred when the HADOPI Commission requires them to provide information relating to internet users who have or are likely to have infringed copyright law. A full summary of…

The Norwegian Supreme Court confirmed that the distribution of copyright protected works via music channels was a distribution that required clearance from the rightholder.  The judge held that when a distribution happens as a consequence of signals being taken down from a satellite transmission not meant for the public, as in the case under consideration, there is…