“For the ECJ, in the meaning of Article 5(3) of the Regulation 44/2001, a harmful event may arise from the possibility of obtaining a reproduction of a work from an internet site accessible within the jurisdiction of the court seised.”
In its judgement Pinckney v. KDG Mediatech AG of 3 October 2013 (case C-170/12), the European Court of Justice answered a request for a preliminary ruling from French Supreme Court, concerning the interpretation of Article 5(3) of the Regulation 44/2001 on jurisdiction and recognition, which provides that “A person domiciled in a Member State may, in another Member State, be sued (…) in matters relating to tort, delict or quasi-delict, in the courts fo [...]
In February this year, the Czech Supreme Court ruled that a mere posting of an embedded link that links to copyright-protected material, must be regarded as a communication to the public and therewith as a direct copyright infringement. The Court was either unaware of pending cases in Luxembourg, or too impatient to wait for the CJEU. Paradoxically, whatever the response of CJEU in BestWater C-348/13 will be, the Czech court cannot be said to be wrong with regard to the direct infringement issue.
A few weeks ago, the Czech Constitutional Court (III. ÚS 1768/13) rejected a constitutional complaint of a young man, who was found guilty of copyright infringement by all court instances, includin [...]
In a judgement of 3 July 2013, the French Supreme Court clarifies the time limit for taking action to obtain damages for copyright infringement. Oddly enough, the French Intellectual Property Code provides that civil proceedings for infringement for designs and models (article L.521-3), patents (article L.615-8) and trade marks (article L.716-5) shall be barred after 3 years, but is silent about copyright and neighbouring rights actions.
In 1979, the singer of the song Just Because Of You, recorded to be synchron [...]
The right to exploit a recording “in the form of a phonogram published for commercial purposes”, includes the right to exploit it not only in the form of a tangible medium, such as a vinyl record or a CD, but also in the form of a downloadable digital file.
The judgement of 11 September 2013 is yet another recent important ruling of the French Supreme Court, the Cour de Cassation, in the field of neighbouring rights. In less than a year, the Cour de Cassation has ruled that collecting societies may only take action for their own members (see France: Supreme Court makes music synchronisation safer), that participants in a reality TV show are employees and not performers (see France: parti [...]
Last week, people in Slovakia and Czech republic were commemorating the 45th anniversary of the Soviet invasion of former Czechoslovakia. In August 1968, about 500,000 Soviet troops and most of their Warsaw Pact allies invaded Czechoslovakia, with tanks to halt political liberalization in the country.
Shots were fired also on the Safarikovo Square near where the old bridge crosses the Danube. A 17-year-old girl died. Citizens screamed, cried, fainted. “Socialism with a human face” was over. A young photographer, Ladislav (Laco) Bielik, did what came naturally. He raised his camera [...]
“The occasional use of an unusual expression – such as “she has a black belt in shopping, so uh …” to describe the shopping behavior of Endstra’s wife – is not enough to make a copyrighted work of an otherwise banal or trivial designed conversation.”
The 2008 decision of the Dutch Supreme Court in the Endstra-tapes case was, in the words of Professor Hugenholtz , “the most controversial decision of the decade. The case concerned the question whether the so called ‘backseat conversations,’ a series of conversations between the resale estate investor Willem Endstra and the Dutch police on [...]
“In essence, the disputes relate to the collecting societies’ intent to have intermediary suppliers pay levies on computers, printers and or plotters marketed in Germany. The suppliers, for their part, argued that some of the devices in question (namely printers and plotters) are incapable of autonomous copying.”
On June 27, 2013, the CJEU delivered its judgement in Joined Cases C‑457/11 to C‑460/11, VG Wort v Kyocera and others (VG Wort v Kyocera; see also the press pelease). This judgement was preceded by an Opinion by A.G. Sharpston (delivered on January 24, 2013) and comes in a particularly busy period for private copying and reprography levies, which has seen not only the publ [...]
In an interesting case about the portrait rights of the legendary Dutch football (soccer) player Johan Cruijff, the Supreme Court of the Netherlands recently ruled that a portrait right is not an exclusive right and that a commercial interest can make a difference, unless a reasonable remuneration has already been offered.
Johan Cruijff argued that the publication by the defendant, a Dutch publisher, of a photo book about the years that Cruijff played for Ajax Amsterdam, infringed his ‘right of [...]
“The Cabinet of Ministers has failed to assess impact of technology development onto blank tapes and equipment to be used for reproduction and thus imposable with blank tape levy.” (Judgement Constitutional Court, 14.3).
Last year, the Satversmes tiesa, the Constitutional Court of Latvia, had to deal with the first copyright case since its establishment in 1996. The importance of the case, the Blank Tape Levy-case, lies especially in the dogmatic assessment of copyright in the light and the frame of the Constitution of Latvia (the Satversme). Article 113 of the constitution states that the State shall protect copyright.
The complainants were four of the five collective management organizatio [...]
“The Supreme Court considers that the participants in the reality TV program had no role to play and that there was no text. They were simply asked to be themselves and express their reactions to the situations they faced. The artificial nature of these situations was not enough to give them the quality of actors.”
L’Ile de la Tentation is the French version of the American reality television program Temptation Island, in which couples agree to live on an exotic island with a group of singles of the opposite sex, in order to test the strength of their relationships.
53 participants in this television series applied to the Labour Court on the grounds that the “set of rules applicable to [...]