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…

In this decision, the CJEU tackled an international jurisdiction issue, since what was essentially under debate in the main proceedings was the applicability of Article 5(3) of Regulation 44/2001 on jurisdiction in civil and commercial matters, which enables, in matters relating to tort, delict or quasi-delict, persons domiciled in one Member State to be sued…

The French Supreme Court confirmed that a writ of summons for infringement of intellectual property rights must determine and specify the elements for which protection is sought, as well as the allegedly infringing acts. A writ of summons, such as that in the case at hand, which does not sufficiently describe or identify the work…

The court held that the defendant did not infringe the claimant’s copyright or database rights beyond the infringements already admitted, as none of the defendant’s customers apart from one had access to the claimant’s software. A full summary of this case has been published on Kluwer IP Law

The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere reception and not a reuse of the broadcast works and therefore it did not require the authorisation of the copyright holders. A…

The Supreme Court validated the method used by the French collecting society Sacem to determine how the proceeds relating to the exploitation of musical works in clubs and discotheques should be redistributed to the rightholders. A full summary of this case has been published on Kluwer IP Law

The court held that the operators of a website and mobile applications had infringed the claimants’ copyright in TV broadcasts and films of cricket matches by allowing users to upload, view and share short clips of cricket match broadcasts. Fair dealing for the purposes of reporting current events in accordance with s30(2) CDPA did not…

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…

The court of appeals confirmed that there had been infringement of copyright in the claimant’s photographs, and in doing so, clarified the requirements for the protection of photos as copyright works.  The court provided guidance regarding lump sum compensation as an alternative to compensation by way of direct damages. A full summary of this case…

The Supreme Administrative Court held that pursuant to § 2, para. 9 of the Law on Copyright and Related Rights (LCRR), permanent objects that represent the synthesis between architecture and other arts should be regarded as works of architecture. Under Article 12, para. 2 of the LCRR, copyright in a work of architecture, created after…