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Switzerland: ETH document delivery service, Federal Supreme Court of Switzerland, 4A_295/2014, 28 November 2014

The document delivery service of ETH Zurich (scanning individual articles and sending them by email to the users) is covered by the exception for private use (Art. 19 CopA), as a person entitled to make copies of a work for private use (Art. 19 al. 1 CopA) may also have them made by libraries and sent by email (Art. 19 al. 2 CopA). Such a service is not in direct competition with the publishers’ services (publishers’ pay-platform), as the library may merely scan individual articles on request, but shall not provide an entire online database. This reverses the decision of the Zurich Commercial Court of 7 April 2014.

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

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Latvia: Authorship as a legal fact, District Court of Zemgale, Riga, C31338513, 30 October 2014

The Court rejected B’s application to establish his authorship of a film as a legal fact.  Under Copyright Law no registration or other formalities are required to enjoy copyright protection. It follows that a person owns copyright upon creating a work and there are no special documents certifying the authorship. Therefore a court cannot turn into a copyright registry by establishing legal facts of authorship.

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

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Spain: An excessive fee for concert licensing

Pablo HernandezCompetition and collecting societies: a special application of European legal doctrine in Spain.

“It seems to utilise the previous methods in a forced manner, even though those methods had led to very different conclusions on a European level.”

In a recent decision by the Spanish Market and Competition Commission (CNMC), once again penalising SGAE with a fine of 3.1 million Euros for demanding an excessive fee for concert licensing, an attempt was made to apply European doctrine. 

The decision is particularly interesting because the Spanish competition authority has interpreted European legal doctrine on the method of analysing the fairness of a fee and does so with a personal touch th [...]

Recently added copyright cases

KluwerThe KluwerCopyrightBlog is part of Kluwer’s IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important  case law (new and older) in the field of copyright in one database.

To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database. The selection of this month includes recently submitted cases from Cyprus, Latvia, Norway, Portugal, Bulgaria & Belgium.

BarbieCyprus: Rebroadcastin [...]
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 [...]

Recently added copyright cases

KluwerThe KluwerCopyrightBlog is part of Kluwer’s IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important (new and older) case law in the field of copyright in one database.

To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database. The selection of this month includes recently submitted cases from Denmark, France, Belgium and Croatia:

oister-discoDenmark: music fragment enjoys copyrigh [...]
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 [...]

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 [...]

Recently added copyright cases

KluwerThe KluwerCopyrightBlog is part of Kluwer’s IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important (new and older) case law in the field of copyright in one database.

To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database.

The selection of this month includes recently submitted cases from the UK, France, Italy, Portugal, Hungary, Malta and Finland:

UK: Court of App [...]
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