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 [...]
German Court of First instance rules that YouTube is only liable for secondary liability for user’s infringing uploads, but must prevent future infringements of identified works by screening of and implementing a word filter for new uploads.
In this test run case the German composers and lyricists collecting society GEMA claimed that 12 songs of its repertoire were made accessible via YouTube without permission and that YouTube LLC was primarily liable for copyright infringement. YouTube’s reaction to this had been to cancel any further negotiations with GEMA about payments for GEMA repertoire content being uploaded to YouTube. Also, YouTube had pre-emptively blocked numerous videos that pot [...]
The German Federal Court of Justice rejects liability for image search thumbnails even if they are indexed on websites showing the images without permission as long as other websites did so with the rights holder’s consent.
The first landmark case involving thumbnail previews of Google’s image search function in Germany (Vorschaubilder I, 2010) had dealt with indexation of images put online by the rights holder herself with no robots.txt file telling search bots not to index these images. Criticised by many, the Federal Court of Justice in that first case in effect established an opt-out rule where the rights holder has to actively indicate not to allow indexing in order to get injunctive re [...]