The French Supreme Court (“Cour de Cassation”) has upheld, in a ruling of 25 September 2012, a judgment of the Court of Appeal of Paris condemning Radioblog and its managing directors to the payment of damages amounting to over €1 million, in addition to a suspended prison sentence of nine months and a €10,000 fine.
The case is interesting for two reasons: the gigantic amount of damages and the application, for the first time, of new provisions of the French Intellectual Property Code condemning the provision of software applications intended to be used for infringing copyright.
The facts are the following: the website Radioblog provided a software called ‘RadioBlogClub’ to Internet user [...]
The link wars have once again broken out in Europe. In August, the German cabinet gave its backing to a draft law allowing news publishers to collect compensation for the republication of headlines and the introductory sentences of articles by aggregators and search engines. Under the proposal, which would protect content for one year, news publishers would be able to license out snippeting rights for a royalty and start proceedings against those found to infringe their newfound neighbouring right. T [...]
On January 5, 2011, representatives of ACAPOR (a Portuguese association representing commercial retailers of cultural and entertainment works), wearing t-shirts with the slogans “piracy is illegal” and “1000 complaints per month”, filed a petition with the Prosecutor General’s Office (“PGO”) giving notice of the practice of 1000 acts of alleged usurpation of authors’ rights via peer-to-peer (“p2p”) networks by unknown individuals. Said petition was supplemented in April 2011, with notice of a further 1.000 acts.
Following an Opinion by the PGO (“PGO Opinion”), the Department of Investigation and Penal Action (“DIAP”) of Lisbon decided not to file any criminal char [...]
With a 56-pages decision of the District Court of Milan published on 12 September 2012 and made available last week, the “Arco” lamp case, started as far back as 2006, has finally come to an end. In the meanwhile, a few amendments to the relevant norms and a judgment of the European Court of Justice (case C‑168/09) intervened. But let’s start this story from the beginning.
In November 2006 FLOS SpA, the Italian company producing the famous Arco floor lamp designed in 1962 by Achille and Pier Giacomo Castiglioni, brought proceedings against [...]
The proposed directive is striking in many respects. Most prominent is the virtually unanimous opinion that the directive ‘is a step in the right direction’, but that it ‘will not facilitate nor promote mass digitization and large-scale preservation of Europe’s vast cultural heritage’. This conjures up the image of the elephant giving birth to a [...]
By Benjamin Schütze, Institute of Legal Informatics, Leibniz Universität Hannover
“Since its introduction in 2003, the provision marks the centre of a controversy between schools and institutions of higher education and copyright holders, especially publishing houses marketing a scientific – educational portfolio.”
About the right to make available small parts of a work for illustration purposes for teaching in schools and higher education and how it is interpreted by OLG Stuttgart in Alfred Kröner Verlag GmbH & Co. KG v Fernuniversität in Hagen (4 U 171/11).
The dispute between the parties centres on the question of whether Fernuniversität Hagen shall be permitted under § 52a Germ [...]
It has been more than three years now since the infamous idea of a new neighbouring right for press publishers appeared in the coalition agreement of the second Merkel government out of thin air. On the face of it, the approach seemed somewhat reasonable: To give press publishers a neighbouring right just like the ones enjoyed by other key players of content production, f.e. film and phonogram producers.
First ideas for an implementation circled around a kind of online press levy, to be payed by any commercial or public entity. There were reports about the respective collecting socie [...]
“With a bit of pathos one may say that the CJEU has restored the old exhaustion principle to its full glory in the digital age. In order to do so the Court did not hesitate to be adventurous with legal interpretation and has also opened new fields for discussion.”
On July 3 the CJEU delivered its judgement in the UsedSoft case concerning the question that according to the recital 29 of the 2001/29 directive “does not arise”, i.e. the question about ‘online exhaustion’. When it, however, arose and when the CJEU answered it, there are only bits and pieces of the traditional copyright wisdom to be collected and discarded. Not so long ago I reported the Advocate General’s opinion in th [...]
Literary works, photos, films and music and other items that constitute our common cultural heritage are stored in the collections of cultural institutions, such as publicly accessible libraries, museums and archives. Many of these items are still protected by copyright, but their right holders cannot be identified or located – i.e. the works are so-called “orphan works”. This leads to a situation where cultural institutions that strive to digitize and make the parts of their collections still “in copyright” available via the internet risk being sued for infringement if the rightholders should reappear. This may cause many cultural institutions to refrain from digitizing and making ava [...]
Copyright law has developed in close connection with technological evolution. This is particularly true of digital technologies, especially the Internet, which, since the mid-1990s, has generated both vast opportunities and enormous challenges for the copyright system. Geographical distance is no longer an obstacle to the dissemination of works, which can now take place at virtually no cost. This has provided creators and their commercial partners with new means to exploit their rights, and it has opened the door to new forms of infringement, some of which have proved difficult to combat. To a large extent these opportunities and challenges relate to the territorial nature of copyright appli [...]