In 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 [...]
“The most obvious one is the fact that, if enhanced cooperation is permitted in the area of creation of unitary titles, then a similar solution could be envisaged for copyright.”
Last month, the CJEU came to a decision in joined cases C-274/11 and C-295/11, where the claims of Spain and Italy against enhanced cooperation for the creation of a unitary patent were dismissed. Did this blogger just take the wrong exit on the IP interstate and arrived in patent city? Not really. While this is a patent decision, some of its splinters might indeed land in copyright town.
In a nutshell, 25 Member States of the EU decided to establish enhanced cooperation between them in the context of creating a [...]
“The law does not allow for additional protection of the maker of a work against so-called slavish imitation of a style or of elements of style.”
Supreme Court of the Netherlands, 29 March 2013 (Duijsens/Broeren).
Although the legal concept of coat-tail riding is usually associated with trademark law, it is certainly not unfamiliar to copyright law. But whereas in trademark law the mere association with a popular brand is used to sell the non-identical brand of the coat-tail rider, in copyright law it is often the style of an artist or a work , that is used as a means to stay as close to these work(s) without literally imitating them.
Unfortunately for those whose coat-tails are r [...]
ECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12.
The criminal conviction of the co-founders of The Pirate Bay for infringement of copyright does not violate Article 10 ECHR.
Only a few weeks after the Strasbourg Court’s judgment in the case of Ashby Donald and others v. France (ECtHR 10 January 2013, see our blogs on the KluwerCopyrightBlog and the ECHR-Blog ) the Court has decided a new case of conflicting rights between copyright and freedom of expression.
The case concerned the complaint b [...]
“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 rather than on a copyright exception or limitation. But why would public libraries not be allowed to lend e-books under the same conditions that apply to physical books, that is, without prior authorization but against equitable remuneration?
In the context of plans for developing a national digita [...]
“In the absence of any claim from the phonogram producer, or its assigns, the natural or legal person who publicly, peacefully and unambiguously exploits recordings, is deemed to be the holder of the rights in the recordings as regards third parties against whom an infringement case is brought.”
The French Intellectual Property Code deals with copyright and neighbouring rights separately. As regards copyright, the French case law has long established a presumption of ownership to facilitate infringement proceedings initiated by natural or legal persons who exploit copyrighted works against alleged infringers.
On the grounds of article L.113-5 of the Intellectual Property Code, which provides [...]
Private copying (PC) levies have for long been one of the most hotly debated topics in EU copyright law and policy. It is a common area for discussion between rightholders, collective rights management organizations (CMOs), the Consumer Electronics/ICT industries and even consumer representative associations. At the EU level, PC levies have been on the harmonization agenda since the 1988 Green Paper on Copyright and the Challenge of Technology and, following stakeholder consultations (in 2006 and 2008) and the 2011 IPR Strategy, remain an “on-going initiative” of D.G. MARKT. The latest instalment in this saga was the appointment of Mr. António Vitorino (picture, left, with EU Commissi [...]
ECtHR (5th section), 10 January 2013, case of Ashby Donald and others v. France, Appl. nr. 36769/08.
“Although the European Court did not find a violation of Article 10 in the case of Ashby Donald and others v. France, the judgment in this case has definitely confirmed that copyright enforcement, restrictions on the use of copyright protected works and sanctions based on copyright law ultimately can be regarded as interferences with the right of freedom of expression and information.”
For the first time in a judgment on the merits, the European Court of Human Rights has clarified that a conviction base [...]
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 for Public Lending, a collective society, sued the Association of Public Libraries and argued that the refusal to collect such a separate payment was contrary to the three-step test.
This is a story that started out with two partners doing art related projects together. One day one of them, Claus Beck-Nielsen, decides to write a book about a man who wants to save America from the spiral of descending moral and growing evilness, which according to his mind had evolved among the Americans. He decides to write an alternative super hero tale, and uses his partner Thomas ’ identity (Thomas Altheimer , born Thomas Skade-Rasmussen Strøbech, a Danish artist), describing his real family, wife job, incidents etc [...]