Menu
Browse Options
Dutch Supreme Court: Cable retransmission has ended, but the levy might be reintroduced

DVisserImportant ruling by Dutch Supreme Court on cable retransmission, film copyright and collective management of rights

Guest blog by Prof. Dr D.J.G. Visser, Institute for Private Law, Leiden University 

“This could well mean that several Dutch collecting societies, in particular those representing actors, screenwriters and directors (Norma, Lira and Vevam) can no longer claim remuneration for cable (re)transmission of programs broadcast by Dutch broadcasters.”

The cable distribution of Dutch television programs as it currently takes place in The Netherlands is no longer a ‘cable retransmission’ in the sense of the EU Satellite and Cable (SatCab) Directive, because it is no longer precede [...]

Downloading from Unlawful Sources. Reflections following the Villalón Opinion on AciAdam and Others.

Downloading illegal

This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 – ACI Adam and Others, delivered on 9 January 2014 (not available in English).

In this case, Advocate General Villalón considered whether reproductions from unlawful sources fall within the private copying exception of art. 5(2)(b) of Directive 2001/29/EC (Copyright Directive), as well as whether it is in line with the Directive to calculate the private copying levy based on reproductions from both lawful and unlawful sources. (All legal provisions cited hereinafter refer to this legal instrument, unless otherwise stated). The questions referred also relate to the effect of the application [...]

Switzerland proposes new measures against piracy

Yani BenhamouThe Swiss working group on Copyright (AGUR12) released his report on December 2013 related to management of rights at the digital age. This should lead to a legal basis for a notice and takedown procedure and thus reduce the supply of illegal content, while downloading from illegal sources should remain legal.

The original mandate goes back to a postulate referred by the Federal Council Simonetta Sommaruga on August 2012 to optimize the collective management of rights, in particular to adapt copyright law to technical developments. After more than a year of discussion, representatives of artists, economists and consumers made nine recommendations, addressed either to rightholders and collec [...]

European Copyright Law : Quo vadis? The European Commission asks for your opinion

Tatiana-Sinodinou“The first question (territoriality) and the last question (single EU copyright title) could be considered as the alpha and the omega of the questionnaire and they are interlinked in various ways.”

A public consultation on the review of EU copyright rules was launched by the European Commission a few  days ago .  The consultation refers to key issues of copyright law in the digital environment which have been identified in the Communication on Content in the Digital Single Market, such as “territoriality in the Internal Market, harmonization, limitations and exceptions to copyright in the digital age, fragmentation of the EU copyright market and how to improve the effectiveness and effic [...]

Open Access to Scientific Articles: Comparing Italian with German law

Valentina-MosconBy Valentina Moscon, Scholarship holder at the Max Planck Institute & University of Trento

The Italian Parliament recently approved a new law concerning the valorization of culture (Law of October 7, 2013, n. 112, G.U. n. 236, 8.10.2013). The law includes, in section 4, a regulation for Open Access (OA) to scientific publications.

With this new law, the Italian parliament aims to align Italy’s national law with the European Open Access policies that are clearly expressed in the EU Commission’s Recommendation of 17 July 2012 on “Access to and Preservation of Scientific Information” and the Communication “Towards better access to scientific information: Boosting the benefits of publ [...]

Switzerland: No special law for social networks

Yani Benhamou“The report reflects the general tendency of Swiss legislative authorities to avoid legislative process and to favor a flexible approach of existing regulations.”

The Swiss Federal Council reported a few weeks ago, in response to a postulate referred by the National Council in 2011 related to the legal situation of social media, that Social networks such as Twitter, Facebook and blogs present legislation with new challenges but cannot be overcome by a separate special law. However a detailed examination will be carried out to determine whether new regulations are needed. This relates to the enforcement of the law, the liability of service providers and some aspects of data protection.

Proble [...]

German copyright reform: the first part of the third basket

PhilippZimbehl“Concerns have been expressed by the German blogosphere that this mere “Lex Google” will put bloggers and smaller news-aggregators under the risk of being targeted by mass legal procedures of the publishers and that quotation rights are undermined.”

It is no exaggeration to say that nearly the whole German copyright community is waiting for the next big round of amendments to the German Copyright Act, the so called “Dritter Korb” (literally the “third basket”).  Since not every reader might be familiar with the German legislation, I will begin with some remarks about the history of the major amendments the German Copyright Act has undergone in recent years.

The first big refo [...]

First Blog Poll: Orphan works and cultural heritage institutions

blog-poll-1---200PXA relatively new feature on the different Kluwer Legal Blogs (e.g. the KluwerPatentBlog and the KluwerArbitrationBlog) is the so-called legal Blog Poll.

Not only because it is always nice to hear what the communis opinio is about recent developments in jurisprudence and legislative procedures or about new or revived theories and ideas, but also to initiate or to stir a discussion.

You will find our first poll below and in the right column of this site. If you want, you can attach your name to your survey answers. If you want the result to be anonymous, just leave out your name and email address. If you have additional comments, you can either mail them to us or leave them in the comment sect [...]

Private copying levy: The aftershocks of Padawan

thuiskopie“”The difficulty also lies in the fact that (to our knowledge) no levy system within the EU provided before Padawan for such a distinction and that the structure of the payment system did/does not lend itself easily to making such a distinction.”

There’s nothing wrong with a private copying levy, the CJEU decided in SGAE/Padawan, but “the indiscriminate application of the private copying levy to all types of digital reproduction equipment, devices and media, including cases in which such equipment is acquired by persons other than natural persons for purposes clearly unrelated to private copying, is incompatible with the directive.”

An interesting refinement of a controversial legal d [...]

Must Carry – Must Offer – Must Infringe

T-TargoszHow the Polish broadcasting law on must-carry and must-offer makes broadcasters choose whether to infringe copyright and licensing contracts or the Polish Broadcasting Act.

This post is about a rare mixture of folly and incompetence that is fortunately unlikely to leave any durable traces on the face of copyright law in Europe. However, the utter absurdity of the matter does not deprive it of its current (and hopefully only current) practical significance in Poland. For readers from outside Poland it may even be entertaining (for Poles, I am afraid, not so much).

The ingredients of all this are: (a) good intentions (b) dismal quality of legislation and (c) incompetence of a major public body [...]

Contributors, Authors, Books, & More...