“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of blocking measures be laid down by the CJEU – that would have been welcome indeed! That absence is certainly the biggest deficiency of the ruling.”
Last Thursday, the Court of Justice of the European Union issued its judgment on Austria’s Oberster Gerichtshof reference for a preliminary ruling in Case C-314/12, UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH.
The case begun when film production companies Constantin Film Verheih and Wega Filmproduktionsgesellschaft GmbH noticed their copy [...]
The 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 [...]
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 [...]
“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 [...]
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.
On 13 September 2012, three months after the first ruling in a case opposing the French TV channel, TF1, to YouTube, the Paris Court of First Instance (Tribunal de Grande Instance) issued a second judgment in a case opposing the same TV channel to Dailymotion. The facts of the two cases are quite similar but the conclusions of the Court differ. In the first case, the Court dismissed the TF1′s claims (copyright and related rights infringements) although the Court acknowledged the liability of YouTube for the late removal of duly notified infringing content. In the second case, not only did the Court find Dailymotion liable but the Court also sanctioned the platform by awarding a substantial a [...]
In 2010 Google was sued by the French recording industry trade association (SNEP) for copyright and neighbouring right infringements via its service Google Suggest. The Court of First Instance and the Court of Appeal both rejected the claims. They found that Google had not infringed any copyright by suggesting websites to Internet users when they were typing their requests. Only the use of the files available on the suggested websites could have been infringing. The plaintiff had originally requested the Court of First Instance [...]
Lower courts have shifted from a notice and take down rule (provided by the e-commerce Directive and the LCEN) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal. However, on 12 July 2012, the Court of Cassation put an end to this judge-made law by issuing its eagerly awaited position on that issue.
July has been a busy month for the French Supreme Court. On 12 July 2012, the Court of Cassation issued four interesting decisions. The three first ones relate to the obligations of online intermediaries concerning subsequent publications of infringing materials and will be the topic of this blogpost; whereas the fourth d [...]
“A generalised principle of the “targeted” country might well become a recognised point of attachment in copyright conflicts of laws, at least in cases where such target jurisdictions can clearly be identified.”
The distribution of industrial products protected by copyright law can amount to a criminal offence as a violation of the distribution right. In CJEU, 21 June 2012, case C 5/11 (Donner), the CJEU clarified the interface between European law and national criminal sanctions in case such products are protected in the country of export but not in the originating country. The CJEU took the view that European legislation does not stand in the way of applying criminal law provisions c [...]
A greatest hits album by Spanish pop star Luz Casal is the subject of the first case to be brought before the Intellectual Property Commission, the body created by the so-called Sinde anti-downloading law, aimed at combating copyright violations on the internet.
AGEDI, the collecting society that represents Spain’s phonographic producers, has filed a complaint against the Swiss owner of the website uploaded.to for offering allegedly unauthorized downloads of Casal’s 15-track collection Un ramo de rosas (A bouquet of roses). The commission has also issued a notification to the administrator of the Spanish website bajui.com, Juan José Coronel, for offering a link to the content.
AGEDI arg [...]
“No obligation of monitoring subsequent publications is inscribed in the law; however French Courts have a tendency to impose such an obligation on hosting providers shifting from a notice and take down rule to a notice and stay down rule.”
On 29 May 2012, the Paris Court of First Instance (Tribunal de Grande Instance) issued a lengthy decision in a case opposing TF1, a French TV channel, to the platform YouTube for copyright and related rights infringements, trademarks infringements as well as unfair competition/parasitic behaviour. The procedure started in 2008 before the Tribunal of Commerce, which rejected the claims for lack of jurisdiction. The case was then referred to the Court of Fi [...]