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

By Kluwer Law International and Institute for Information Law (IViR)

We are writing to announce an opening for the position of Associate Editor for Kluwer Copyright Blog and our Landmark EU Copyright Cases project.

The Associate Editor will report directly to the editorial team at Kluwer Law International and work closely with the co-editors in chief Prof. Bernt Hugenholtz and Dr. Lucie Guibault of IvIR in Amsterdam.

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

  • collecting, editing and reviewing guest submissions
  • coordinating the blog posts of the permanent contributors
  • writing period blog posts as a permanent contributor
  • assisting the editorial team with s [...]
Key Aspects of the New Reform of the Spanish Copyright Act

Pablo Hernandez“With respect to the current stunted reform, the new legislation once again touches on past issues that were never properly resolved, and I am afraid that this is still the case now. The first is the zombie issue of private copying and the second salient point of the reform is piracy.

Other reforms regard the collecting societies, two new rights of remuneration (tax for Google and universities) and the implementation of directives on phonograms and orphan works.” 

Table of Contents

1. Introduction
2. Objective of the Spanish reform
3. Private Copying
4. Piracy
5. Collecting Societies
6. Tax for Google and universities  
7. Implementation of directives on phonograms and orphan works

[...]
It takes one to tango? The ever-expanding EU exclusive competence in IP-related treaties

anaramalho“With the decision in case C-114/12, the Court is now placing emphasis on the hypotheticals by holding that the mere possibility of an international agreement impacting the EU acquis is enough to rule out Member States’ intervention, making the EU exclusively competent to conclude this type of agreement.”

On 4 September 2014, the Court of Justice of the EU (CJEU) delivered its ruling in case C-114/12 – Commission and Parliament v. Council, concerning a decision of the Council and the Representatives of the Governments of the Member States. The decision authorized the Commission to participate in the negotiation for a Convention on the protection of the rights of broadcasting organiz [...]

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 [...]

The Netherlands: a hyperlink to unfindable files

bdpb“In that case, the publication of an hyperlink is, in principle, not an autonomous communication to the public”

It is a common fact that the sex-industry, along with the arms industry,  is a driving force behind many new developments. Porn is a major force on the internet and it also shouldn’t come as a surprise that important legal questions surface in porn-related cases. One example is the recent  commotion in Germany about tens of thousands of cease and desist letters for watching a porn-stream on the internet (see this earlier blog) and another example is a judgment of the Amsterdam Court of Appeal in a case about playboy-photo’s that were leaked to or found by other media an [...]

Switzerland proposes new measures against piracy

Yani BenhamouThe Swiss working group on Copyright (AGUR12) released his report on December 2013 related to management of rights at the digital age. This should lead to a legal basis for a notice and takedown procedure and thus reduce the supply of illegal content, while downloading from illegal sources should remain legal.

The original mandate goes back to a postulate referred by the Federal Council Simonetta Sommaruga on August 2012 to optimize the collective management of rights, in particular to adapt copyright law to technical developments. After more than a year of discussion, representatives of artists, economists and consumers made nine recommendations, addressed either to rightholders and collec [...]

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 [...]

Switzerland: No special law for social networks

Yani Benhamou“The report reflects the general tendency of Swiss legislative authorities to avoid legislative process and to favor a flexible approach of existing regulations.”

The Swiss Federal Council reported a few weeks ago, in response to a postulate referred by the National Council in 2011 related to the legal situation of social media, that Social networks such as Twitter, Facebook and blogs present legislation with new challenges but cannot be overcome by a separate special law. However a detailed examination will be carried out to determine whether new regulations are needed. This relates to the enforcement of the law, the liability of service providers and some aspects of data protection.

Proble [...]

The scope of ‘commercial scale’ in Estonian criminal law

Elise-Vasamae-KCBIn a relatively recent judgement in a criminal case, the Supreme Court of Estonia ruled that that the terms  ‘trade scale’ and  ‘commercial scale’ are not synonymous. The concept ‘commercial scale’ in criminal law cannot be interpreted in such a broad sense as the concept ‘trade scale’. 

A. Gubinski allegedly committed a copyright infringement, therewith violating section 222″1 of the Estonian Penal Code. Gubinski argued that did not commit a crime since (i) it had not been proven that the files found in his computer could be regarded as a copyrightable computer program and (ii) that he did not gain profit as a result of possessing the computer program. The prosecutor argued that it was c [...]

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