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…

“In essence, the disputes relate to the collecting societies’ intent to have intermediary suppliers pay levies on computers, printers and or plotters marketed in Germany. The suppliers, for their part, argued that some of the devices in question (namely printers and plotters) are incapable of autonomous copying.” On June 27, 2013, the CJEU delivered its…

“The road to Marrakesh is open but is not paved with roses and the outcome of the negotiations is awaited with both hope and reservations. “ While some statistics demonstrate that only about 5% of all published books are available in accessible formats for print disabled people globally, 2013 promises to be a landmark year…

“However, in none of the studied countries, e-lending activities rely on a statutory copyright or lending right exception.” By Kelly Breemen and Vicky Breemen, Institute for Information Law, Amsterdam (IViR). Public libraries in various countries are increasingly involved in e-lending practices. Thus far, these practices are largely based on contractual agreements between the parties concerned…

On 15 January 2013, the French Constitutional Council declared unconstitutional Article 6, paragraph II, of the law on private copying levy (Law No. 2011-1898). This provision retroactively validated private copying levies that had been paid or claimed based on rates annulled by the French Council of State. To fully understand the ruling of the Constitutional…

Supreme Court of the Netherlands, 23 November 2012,  Foundation for Public Lending vs. Association of Public Libraries. Lending right.  According to the Supreme Court of The Netherlands there is no legal obligation to pay a separate  remuneration  for a renewal of a library book loan and the extension of  the due date.  Plaintiff, the Foundation…

“When providing healthcare in healthcare facilities, there is no obligation to pay remuneration for communication to the public of copyright works. But, is a hotel room where occasionally health treatment is performed a healthcare facility?” On 24 July 2012, Krajský soud v Plzni (Czech Republic) lodged a reference for preliminary ruling with the CJEU in…