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Recently added copyright cases

KluwerThe KluwerCopyrightBlog is part of Kluwer’s IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important (new and older) case law in the field of copyright in one database.

To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database.

The selection of this month includes recently submitted cases from the UK, France, Italy, Portugal, Hungary, Malta and Finland:

UK: Court of App [...]
Italy: the take-down notice must contain the specific YouTube URLs

spedicato“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.”

On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement disputes. Although the decision is not completely surprising (see, in this regard, this ruling of the Distric Court of Rome, 11 July 2011), it sets the standard for copyright holders on how to draft a take-down notice to be notified to a ISP.

Background

The action has been brought by Delta TV, an Italian company which produces and d [...]

Blog Poll results: the private copying system

blog-poll--levies-2We have closed our second blog poll and we have counted the votes. First of all, it is heartwarming to see that more readers are concerned about the position of orphans than about private copying: whereas our first blog poll about the orphan works directive attracted a few thousand voters, this second poll  closed with a result of just a few hundred votes.

A fairly reasonable amount. Questions in online polls are often short and snappy, and we realize that our 8 questions about Ms Francoise Castex’s  motion, Antonió Vitorino’s report and the implications of the Padawan decision were perhaps less easy  to digest.

Summarized in short: According to  the European Parliament, private c [...]

No more downloading from unlawful sources?

Quintais-de-Leeuw-DLDThis would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make.”

In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the private copying limitation, when interpreted in light of the three-step test, only allows Member States to exempt reproductions made for private use from lawful sources from authorization. The Court essentially followed the Opinion of AG Villalón (see here).

Table of Contents

Facts, dispute and questions referred
Judgment
Reactions and Impact
Conclusion

Facts, dispute an [...]
The Single Market and copyright protection of formats

Max-von-G“Does the European Single Market provide the right legal framework for the unhindered exchange of formats between the Member States?”

Formats, especially television formats, have proven their commercial value, but the question whether copyright protection also applies to these products of the mind, which they undoubtedly are, cannot be answered easily and there are valid arguments for and against (copyright) protection.

Pursuant to the European Court of Justice’s definition of a copyright protected ‘work’, formats can theoretically be protected by copyright. The creators have to prove that they made free and creative choices during the process of creation by selecting, combining, a [...]

Study on sports organisers’ rights in the EU

Sportrights“The study concludes that under their domestic copyright laws none of the current EU Member States offer protection to sports events as such. A handful of countries, however, afford some special form of protection to the specific interests of sports organizers.”

A study on sports organizers’ rights was launched by the European Commission in January 2013. It was carried out by a consortium composed of TMC Asser Institute and the Institute for information law (IViR) Faculty of law, University of Amsterdam. The study was financed by the Preparatory Action ‘European Partnership on Sports’ 2012. 

Main objectives and findings

The main objectives of the study were to map the legal framework [...]

Thumbnails: French proposal for payment of royalties by search engines

Brad-SpitzIn France, search engines using thumbnails are likely to infringe on copyright. On 8 April 2014, a French Senator proposed a Bill to establish compulsory collective management for the reproduction of photographs and images by search engine services.

Thumbnails are reduced-size versions of photographs and images, used by search engines such as Google Images in order to facilitate their recognition and organisation, with links to the websites where the photographs and images are published.

Such reproduction of photographs and other works is likely to constitute fair use under the US Copyright Act of 1976 (see Meng Ding, Perfect 10 v Amazon.com: A Step Toward Copyright’s Tort Law Roots, Berk [...]

Latvia: recently added copyright cases

Magda Papede KCBThe KluwerCopyrightBlog is part of Kluwer’s IP Kluwer IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important case law in the field of copyright in one database. 

To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database.  The two recent judgements of Supreme Court of Latvia below were summarized and added to the database by Magda Papēde, Albert Ludwig University, [...]

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 [...]

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