Menu
Browse Options
Italy: the take-down notice must contain the specific YouTube URLs

spedicato“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.”

On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement disputes. Although the decision is not completely surprising (see, in this regard, this ruling of the Distric Court of Rome, 11 July 2011), it sets the standard for copyright holders on how to draft a take-down notice to be notified to a ISP.

Background

The action has been brought by Delta TV, an Italian company which produces and d [...]

Germany: The Pixelio Stock photo case and the District Court of Cologne…again

benjamin-schuetze“According to Art. 13 of the German Copyright Act (“CA”) the author has the right to be identified as the author of the work. He may determine whether the work shall bear a designation of authorship and which designation is to be used.”

The District Court of Cologne (Landgericht Köln) apparently never sleeps. After its somewhat questionable role in a surge of so called Redtube warning letters which infested some 10.000 unsuspecting German internet users in December 2013, the Court surprises both internet users as well as the legal community with a judgment (LG Köln, judgment of 30.1.2014, 14 O 427/13) on the moral right of recognition of authorship (Art. 13 Copyright Act) and its [...]

The Svensson case and the act of communication to a new public

Patricia mariscal“In other words, the initial communication by the copyright holder already encompassed the potential public that subsequently accessed the content via the links”


The long-awaited judgment of the CJEU in the Svensson case, judgment of 13 February 2013 in (C-466/12).

The legal definition of internet links has been a widely-discussed subject in recent times, pitting those who consider links an act of communication to the public within the meaning of article 3.1 of Directive 2011/29/EC (Directive of the Information Society) against those who, on equally justifiable grounds, argue that the creation of internet links does not, strictly speaking, constitute an act of communication to the publi [...]

The Court of Justice on Links: It is Allowed to Link. At Least In Principle.

tomasztargosz-sqThe Court of Justice delivered its highly anticipated decision on linking. A breath of relief is allowed: linking seems to be legal. But when one looks a little closer, disturbing things begin to emerge.

First things first. The decision in Case C‑466/12, resulting from a request for a preliminary ruling from a Swedish court (Nils Svensson and others v Retriever Sverige AB) comes to the conclusion that providing on a website a link to another website, where a copyright work is “freely available”, does not constitute an ‘act of communication to the public’ in the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmon [...]

Jurisdiction in EU copyright cases: accessibility of a website is a criterion

Brad-SpitzFor 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 [...]

France: a digital file in iTunes is a phonogram

Brad-SpitzThe 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 [...]

Tank Man wins copyright dispute in Slovakia

bielik-photo“A young photographer, Ladislav Bielik, did what came naturally. He raised his camera and shot back.”

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 [...]

“Backseat conversations” not protected by copyright

endstra“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.”

Amsterdam Court of Appeal, 16 Juli 2013 (Endstra heirs vs. Nieuw Amsterdam Publishers).

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 [...]

Germany: The Federal Court of Justice and ‘the reality’ about embedded content

benjamin-schuetze“The BGH thus insinuates that framing may be a yet “unnamed right of exploitation” within the scope of Art. 15(2) Copyright Act.”

On 16th May 2013 the first Senate of the German Federal Court of Justice (BGH), delivered its judgment in another case revolving around the issue of hyperlinking or framing. If one had hoped for a final decision to put the matter to rest, one could only be disappointed, since the BGH referred the case for a preliminary ruling to the European Court of Justice (ECJ). The reference to the ECJ concerns the question whether a website operator who embeds copyright protected videos in his website that is publicly available via another website (“framing”) infring [...]

Embedding is no criminal offence, the Brussels Court of Appeal says

“No need to wait for the ECJ, the Court replied.”

In Belgium, besides being a tort from a civil law perspective, a copyright infringement can also be a criminal offence, on the condition that it is done “with malicious or fraudulent intent”. When copyright infringements are committed by unknown perpetrators (which is quite common on the internet), it is usual to file a complaint with an examining magistrate who is endowed with specific criminal investigation powers.

This is what the producer of “Fait d’hiver” (an Academy award nominee short film) did after noticing that the movie had been entirely uploaded on YouTube and embedded in the pages of two websites, namely koreus.com and [...]

Contributors, Authors, Books, & More...