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…

The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work. It is not necessary to refer to additional statutory rules, because “uses in any other manner” as one of the forms of unauthorised use is…

In response to a reference from the Bundesgerichtshof (Germany), the CJEU ruled that geographical information extracted from a topographic map by a third party in order to produce and market another map retains, following its extraction, sufficient informative value to be classified as ‘independent materials’ of a ‘database’ within the meaning of Article 1(2) of…

The Swedish Supreme Court considered under what circumstances, and to what extent, a penalty payment can be imposed on a company that has been prohibited under penalty of a fine from selling an infringing product, where violations to that prohibition have been made by a third party. A full summary of this case has been…

The French Supreme Court stated that the lower courts must take into consideration all the choices of the author in order to decide whether a work is original and therefore protected by copyright law, and not simply the common aspects of the work. A full summary of this case has been published on Kluwer IP…