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New Turkish Construction Regulations Impair the Copyright Protection on Architectural Works

Emre BayamlıoğluA brief outline of the copyright protection granted for architectural designs

In Article 2/1,  the Berne Convention counts architectural works, together with plans, sketches and three-dimensional works relative to architecture, as copyrightable subject matter.

Turkish law treats architectural creations in two different categories: as “literary works” and “works of fine art”. Accordingly, under Law No 5846 on Artistic and Intellectual Works, the architectural work itself and the plans, sketches and three-dimensional works relative to architecture are classed as two different types of work.

Article 4 of Law No 5846 titled “Works of Fine Art” grants copyright protection to archite [...]

Why the reform of the Spanish law has been contested in the Spanish Constitutional Court

Pablo HernandezThe latest large-scale reform of the Spanish Copyright Act was published on 5 November 2014.  The key aspects of the reform are discussed here.  The bulk of the opposition to the reform contends that two provisions of the Act, namely, the new regulation for private copying and the imposition of a “one-stop shop” system, breach the Spanish Constitution.    

The current Spanish governing party decided as soon as they came to power, at the end of 2011, to abolish private copy payments by consumers in Spain in order to fulfil a campaign pledge to voters.  Since no one wanted to make private copying into an illegal practice, the solution was to keep the copyright limit and to add the [...]

US: Gaylord v. U.S., United States Court of Appeals, Federal Circuit, No. 2014-5020, 4 February 2015

Please click here to find US copyright cases from the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case.

Recently added from our US IP Law Daily service:

Gaylord v. U.S., United States Court of Appeals, Federal Circuit, No. 2014-5020, 4 February 2015

The U.S. Court of Appeals for the Federal Circuit has held that $540,000 was a reasonable royalty for the United States to pay on infringing commemorative stamps that the U.S. Postal Service had sold to collectors (Gaylord v. U.S., February 4, 2015, Taranto, R.). The stamps were created to commemorate the service of Korean War veterans, but they in [...]

CJEU: Mere Accessibility of Websites Enough for Jurisdiction

Martin HusovecIs the mere accessibility of a copyright infringing website sufficient to establish jurisdiction in a Member State? The Court of Justice of the European Union says a resounding “yes” in Pez Hejduk C-441/13.

The decision does not come as a big surprise, given the earlier (in)famous Pinckney C-170/12 ruling (reported on this blog here) – the ruling which many were refusing to believe was true. But it is. Pez Hejduk clears up any doubts.

Ms Hejduk is an author of photographic works depicting the buildings of the Austrian architect, Georg W. Reinberg. The defendant – EnergieAgentur – used Ms Hejduk’s photographs on its “.de” website. Taking the view that her copyright had been infringed, [...]

Italy: Buma di Paolo Buscema v Data Bridge, Supreme Court of Cassation of Italy, 13524/2014, 13 June 2014

The Italian Supreme Court confirmed that software which derives from a pre-existing computer program is eligible for copyright protection provided it demonstrates a minimal level of originality, even if it reproduces the main structure of the pre-existing program.

A full summary of this case has been published on Kluwer IP Law

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Job Posting: Associate Editor Kluwer Copyright Blog and Landmark EU Copyright Cases

By Kluwer Law International

Kluwer Law International is looking for an Associate Editor for the Kluwer Copyright Blog (the blog you are reading now) and for our Landmark EU Copyright Cases project.

The Associate Editor will report directly to the editorial team at Kluwer Law International, and will work closely with the Editor-in-chief, Dr. Lucie Guibault of the Institute for Information Law of the University of Amsterdam (IViR).

Essential duties of the Associate Editor for the Kluwer Copyright Blog include:

  • collecting, editing and reviewing blog submissions of guest contributors
  • coordinating blog post of permanent contributors
  • writing regular blog posts
  • assisting the editorial team with st [...]
Last chance to vote

blog-poll--levies-2May we have your votes please?  We are about to close the our opinion poll on private copying levies and would like to ask the last floating voters to make up their minds, to urge the procrastinating voters to just do it already and to kindly ask everybody else who hasn’t voted yet to spare us a few minutes and give us their esteemed opinion on the subject.

Private copying levies benefit all parties concerned, according to the European Parliament. But do they really? Does the internal market require a harmonised private copying system? Who should pay the levies, manufacturers, importers or retailers? Should anti-piracy campaigns be replaced with ‘positive’ campaigns? Should the system [...]

Webinar on Copyright and Trademark Litigation

We are delighted to announce that on 24 April 2014 Kluwer Law International is hosting a webinar on two major cases in the field of copyright and trademark litigation.

The event is presented by IP expert Wouter Pors, partner in, and Head of, the IP department at Bird & Bird in The Hague, The Netherlands.

Wouter will discuss two recent CJEU judgments. The first one discussed is  Martin y Paz v. David Depuydt  (CJEU 19-9-2013, C-661/11) dealing with the termination of licence and exhaustion. The second case is on hyperlinks and copyright with a thorough analysis on the Svensson v. Retriever Sverige decision (CJEU 13-2-2014, C-466/12).

He will furthermore demonstrate how countries worldwide [...]

IViR Anniversary Conference (Information Influx), 2-4 July 2014

Although the actual founding of the Institute for Information Law is shrouded in myth and mystery, in 2014 it will be 25 years ago that IViR was officially established as a research centre at the University of Amsterdam. IViR’s 25th birthday will be celebrated next year in Amsterdam from 2 to 4 July, with a major international conference on the myriad challenges facing information law today: Information Influx.

When IViR was set up a quarter of a century ago, the digital transition was only just underway. Since then, our societies have been undergoing enormous changes in the modes of expression, organization and (re)use of information. Traditional roles of producers, intermediaries, users an [...]

WIPO International Performer’s Right’s Treaty revived

11 years have passed since the last attempt of WIPO to promote an Audiovisual Performance Treaty which would bring the performer’s protection to meet the challenges of the digital era. The path to the adoption of such a Treaty seems to be prima facie open after the WIPO’s General Assembly Decision of 30th of September to work towards convening a diplomatic conference for the signature of a Treaty. The diplomatic conference will be convened in 2012 and will continue the work of the meeting in 2000.
In 2000, discussions on a draft WIPO Treaty on performers’ rights which largely reflected the provisions of the WPPT made noteworthy progress. Indeed, provisional agreement on 19 of the 20 ar [...]

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