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Kluwer Copyright Cases

Kluwer Copyright Cases

Finland: Finreactor I & II (Supreme Court), 30 June 2010

Logo FinreactorFinland: Finreactor I, Supreme Court (Korkein oikeus), 30 June 2010.

Filesharing: The defendants were administrators of the Finreactor BitTorrent file sharing network. The networks’ users could illegally download copyrighted works. The network was built so that the files were not available on the Finreactor’s site but resided on users’ own computers. Finreactor had a tracker that kept track of which user had which files available for downloading.The administrators had removed torrent-links, given warnings and banned users from the site. The administrators were not aware of the content of individual files.The court held that the administrators’ criminal liability was not limited by the techni [...]

Football Dataco Ltd v. Sportradar, Court of Appeal Civil Division (Court of Appeal Civil Division), 29 March 2011

In the appeal of a case concerning allegations of infringement of IP rights in live football statistics sites, the Court of Appeal rejected the claimant’s copyright claim, affirming the high standard of subsistence in a database under Article 3(1) which must go beyond ‘mere data’ to involve some ‘creative skill’. Concerning the sui generis right, the Court of Appeal referred the question of where the making available of a database protected by a sui generis right under the Database Directive takes place to the CJEU, asking where the infringing acts of ‘extraction’ and ‘re-utilisation’ take place.

The full summary of this case has been posted on Kluwer IP Law.

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Allen v. Bloomsbury Publishing & Murray, Court of Appeal Civil Division (Court of Appeal Civil Division), 18 March 2011

Kitchin J granted an order for security for costs under rule 24.6 CPR against the claimant in a copyright infringement case. While remaining sensitive to the right of access to the court of the claimant and acknowledging that security for costs should only rarely be ordered solely where the case appears weak, the judge considered an order necessary, the claimant being a nominal claimant (satisfying rule 25.13(2)(f)), with poor prospects of success and whose behaviour demonstrated a want of good faith.

The full summary of this case has been posted on Kluwer IP Law.

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Landeshauptmann mit Kind, Supreme Court (Oberster Gerichtshof), 15 December 2010

The use of a photograph of a politician with a child, in combination with a satirical text, in a self-advertisement of a news magazine, is not covered by the freedom of satire when the satire does not concern daily political events but is merely commercially self-serving. Furthermore, the implication of a political relationship between the people pictured conflicts with the child’s right to protection of its portrait. According to the Austrian Supreme Court, commercial advertisements also fall under the regime of Article 10 ECHR. The protection of a person’s portrait also applies to the usage in advertisements.

The full summary of this case has been posted on Kluwer IP Law.

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Bundeshymne, Supreme Court (Oberster Gerichtshof), 15 December 2010

The variation of the Austrian National Anthem by setting it to a modernised “rock-version” of the classic tune and by changing the line “You are home to great sons” to “You are home to great sons and daughters” for use in an information campaign by the Austrian Federal Ministry for Education, Arts and Culture, does not infringe the rights of the copyright holder. According to the Supreme Court, the use by a Federal Ministry in an information campaign is covered by the contractual assignment of rights by the original lyrics’ author to the Republic of Austria and does not constitute a “commercial use”. The textual changes leave the meaning of the lyrics untouched, they fit the style of the rhy [...]

Thermenhotel L II, Supreme Court (Oberster Gerichtshof), 31 August 2010

According to the Austrian Supreme Court, the EU Copyright Directive 2001/29/EC harmonises the right of communication to the public, assuming a consistent European term of publicity. The right of communication to the public is characterised by an element of distance. Therefore, the distribution by a hotel of a broadcast via TV to the TV-sets situated its guest rooms falls under the term of “communication to the public” regardless of the technical way in which the signal is being distributed.

The full summary of this case has been posted on Kluwer IP Law.

 

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Right of Information, High Court in Prague (Vrchní soud v Praze), 20 April 2010

The defendant, the so-called “cooperative of CD co-owners”, abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act, while he operates as a covert form of lending company (see previously reported cases concerning cooperatives of CD co-owners, in Kluwer database). The court, as in previous cases, stressed the defendants liability for infringement of related rights (performing artists, sound recording companies) and in addition to other claims (injunction etc.), claims for information has been awarded on a large scale. This decision is a significant precedent in the field of copyright and related rights. For the f [...]

Flos, European Court of Justice (European Court of Justice), 27 Januari 2011

National legislation implementing the Directive on the legal protection of designs (98/71/EC) may not exclude from copyright protection designs that were protected by a registered design right and entered into the public domain before the entry into force of said legislation, in so long as they meet the requirements to be eligible for copyright protection. Transitory measures to protect third parties’ rights who had manufactured or marketed products based on such designs shall be proportional and may not extent to a substantial period of 10 years or be indefinite.

The full summary of this case has been posted on Kluwer IP Law.

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