By Martin Husovec, Tilburg University and Matej Gera, CIPPM, Bournemouth University This a continuation of our recent blogpost: “Slovakia adopts a new Copyright Act: It’s a Mixed Bag – Part I”. In the first part, we discussed the amended threshold for the protection of subject matter, exceptions and limitations and explained changes that have been…

By Martin Husovec, Tilburg University and Matej Gera, CIPPM, Bournemouth University Some will associate the year of 2016 with the year of the Fire Monkey or the monkey selfie. Not Slovak copyright scholars, whose government decided to engage in its own monkey business – an entirely new Copyright Act (Act No. 185/2015). Being the third…

Case C‑572/13, HP v. Reprobel, 12 November 2015 By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners As we know, Member States may adopt exceptions to the reproduction right of authors in the cases and under the conditions listed in Article 5 of Directive 2001/29. Some of those exceptions may be transposed…

The Dutch Copyright Contract Law entered into force on July 1st 2015. According to the legislator it aims to strengthen the position of the author and performer in exploitation agreements (see Explanatory Memorandum under 1, 1st paragraph), and will ideally lead to them receiving a fairer share of the profit from their work (see Memorandum…

The installation of TV sets in hotel rooms, which show videograms through the TV signal distributed by a cable operator, constitutes a public performance and the making available to the public of those videograms.  Consequently, authorisation is required from concerned rightholders and equitable remuneration is payable under the relevant provisions of the Code of Copyright and Related Rights…

The Belgian legal order has recently welcomed a new legal code:  the Code of Economic Law (CEL).  Laws are not systematically arranged in codes in Belgium: there are some codes (such as the judicial code, the criminal code, codes of various types of taxes etc.) as well as countless separate laws, acts and regulations for…

This article was originally published on the Media Institute website – see here.  It is reproduced here with the kind permission of the author. In a previous column for the Media Institute (Feb. 17, 2015), I urged that any copyright reform legislation that emerges from the preparations for “the next great copyright act” should ensure both…

An auction house may transfer the responsibility of paying the artist’s ‘droit de suite’ from the seller to the buyer. This judgment, rendered by the European Court of Justice on 26 February 2015 in response to a reference from the French Supreme Court, will satisfy the auction houses and art dealers in Europe (Christie’s France…

Can an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer? Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for the benefit of the author of an original work of art. This resale right is ‘defined as an inalienable right, which cannot be…

This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 – ACI Adam and Others, delivered on 9 January 2014 (not available in English). In this case, Advocate General Villalón considered whether reproductions from unlawful sources fall within the private copying exception of art. 5(2)(b) of Directive 2001/29/EC (Copyright…