By Mireille van Eechoud, Institute for Information Law (IViR) Of the many questions addressed by the Court in its Painer judgment (Case C-145/10) the most impact will probably be on the construction of an EU wide originality criterion for copyright works. Infopaq, BSA and Murphy went before, seemingly extending the originality standard implicit in the…

The Advocate General’s Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., parts of which have already been discussed in an earlier blog post (here), also deals with the copyrightability of portrait photos. In this case, German and Austrian newspaper publishers had published portrait photos of Natascha Kampusch, and a photo-fit based on one…

By Luke McDongagh, PhD Candidate, QMIPRI The Irish Times has recently reported that the Joyce estate has, after many years of refusal, finally granted the English singer Kate Bush permission to use the famous Molly Bloom soliloquy from James Joyce’s seminal novel Ulysses as the lyrical basis for a song. The soliloquy, spoken at the…

What is and what is not a copyright work is a question even copyright lawyers find difficult to answer when confronted with subject matter on the verge of the required standard of originality. Polish copyright law has quite a long tradition of setting the threshold rather low, which may encourage frivolous lawsuits forcing courts to…

Football listings have hit the UK again, this time with an “original” twist.Disputes surrounding football lists never seem to go out of fashion. On 9 December 2010, the High Court yet again was faced with issues of IP protection of football listings and other related statistical football information, subject matter somewhere on the borderline between…