Recordings used by defendants Activision Blizzard, Inc., and Blizzard Entertainment, Inc. (collectively, Blizzard) of a former employee’s voice for a character in a video game constituted a “work made for hire” under the Copyright Act, according to the U.S. Court of Appeals in San Francisco (Lewis v. Activision Blizzard, Inc., December 18, 2015, per curiam)….

The court held that the applicable law is determined by the lex loci protectionis (Schutzlandprinzip), therefore the question of authorship in Switzerland is determined by the Swiss “creator’s principle”, not the British principle of “work for hire“.  Where it is claimed that there has been a parallel creation, inspired by elements in the public domain…

The court of appeals held that as there was no evidence that the Defendants had gained any profit from a public display of sculptures, they were not liable to pay royalties in respect of the exhibition.  However, the defendants were ordered to discontinue sales of products bearing pictures of the copyright sculptures as this activity…

By Jeremy Blum and Luke Maunder, Bristows A recent decision in the UK Intellectual Property and Enterprise Court (IPEC) provides some helpful guidance on the application of the ‘user principle’ and, more importantly, on the interplay between damages for flagrant infringement under s.97(2) of the Copyright Designs and Patents Act 1988 (CDPA) and damages under…

Case I ZR 177/13 of November 17, 2014: Moebelkatalog [Furniture Catalogue] published here. According to a recent ruling of the German Highest Civil Court, the Bundesgerichtshof (“BGH”), the copyright exception for “incidental inclusion of a work or other subject matter in other material” (Article 5 (3) lit. i) Copyright Directive 2001/29) has to be interpreted…

The Polish Supreme Court held that the use of elements of a work of authorship, which are widely known and available (in the public domain), in another work in which those elements were combined in a different way, constitutes an expression of individual creative thought, and cannot therefore be regarded as an infringement of copyright…

On the 13th of May 2015, the Turkish Constitutional Court quashed by a majority decision an amendment to Article 47 of the Law on Intellectual and Artistic Works (No: 5846) which empowered the council of ministers for the State to appropriate the copyright in works that are either authored by Turkish citizens or authored in…

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…