Not only because it is always nice to hear what the communis opinio is about recent developments in jurisprudence and legislative procedures or about new or revived theories and ideas, but also to initiate or to stir a discussion.
You will find our first poll below and in the right column of this site. If you want, you can attach your name to your survey answers. If you want the result to be anonymous, just leave out your name and email address. If you have additional comments, you can either mail them to us or leave them in the comment sect [...]
“”The difficulty also lies in the fact that (to our knowledge) no levy system within the EU provided before Padawan for such a distinction and that the structure of the payment system did/does not lend itself easily to making such a distinction.”
There’s nothing wrong with a private copying levy, the CJEU decided in SGAE/Padawan, but “the indiscriminate application of the private copying levy to all types of digital reproduction equipment, devices and media, including cases in which such equipment is acquired by persons other than natural persons for purposes clearly unrelated to private copying, is incompatible with the directive.”
An interesting refinement of a controversial legal d [...]
Last week, people in Slovakia and Czech republic were commemorating the 45th anniversary of the Soviet invasion of former Czechoslovakia. In August 1968, about 500,000 Soviet troops and most of their Warsaw Pact allies invaded Czechoslovakia, with tanks to halt political liberalization in the country.
Shots were fired also on the Safarikovo Square near where the old bridge crosses the Danube. A 17-year-old girl died. Citizens screamed, cried, fainted. “Socialism with a human face” was over. A young photographer, Ladislav (Laco) Bielik, did what came naturally. He raised his camera [...]
“The occasional use of an unusual expression – such as “she has a black belt in shopping, so uh …” to describe the shopping behavior of Endstra’s wife – is not enough to make a copyrighted work of an otherwise banal or trivial designed conversation.”
The 2008 decision of the Dutch Supreme Court in the Endstra-tapes case was, in the words of Professor Hugenholtz , “the most controversial decision of the decade. The case concerned the question whether the so called ‘backseat conversations,’ a series of conversations between the resale estate investor Willem Endstra and the Dutch police on [...]
In a short but very important judgement of 25 June 2013, the Cour de cassation, the French Supreme Court, has ruled that the sale of a computerized customer file is null and void if the French personal data authority CNIL has not been notified of the file in compliance with article 22 of the French personal data Act.
In the present case, a natural person brought a case against a company, claiming that the sale of a computerized customer file containing personal data had to be annulled, because the CNIL had not been notified of the file. To dismiss th [...]
“In this ruling, the French Supreme Court states that the mere updating of a computer program processing personal data does not entail an obligation for the data controller to notify the data processing a second time”.
Under article 22 of the French personal data Act, automatic processing of personal data must be notified to the French personal data authority CNIL. Article 22 indeed provides that automatic processing of personal data must be notified to the CNIL except when the processing requires the prior authorisation of the CNIL because it falls under the provisions of articles 25 (political, philosophical data, medical, sexual life data; genetic data; offences; exclusion from a righ [...]
“In essence, the disputes relate to the collecting societies’ intent to have intermediary suppliers pay levies on computers, printers and or plotters marketed in Germany. The suppliers, for their part, argued that some of the devices in question (namely printers and plotters) are incapable of autonomous copying.”
On June 27, 2013, the CJEU delivered its judgement in Joined Cases C‑457/11 to C‑460/11, VG Wort v Kyocera and others (VG Wort v Kyocera; see also the press pelease). This judgement was preceded by an Opinion by A.G. Sharpston (delivered on January 24, 2013) and comes in a particularly busy period for private copying and reprography levies, which has seen not only the publ [...]
“Before finalising its decision however, it is seeking the CJEU’s input on whether end users, who view web-pages on their computers without downloading or printing them, are committing infringements of copyright if they lack a licence from the rightholder.”
On 29 June 2013 the UK Supreme Court referred a series of questions in Case C-360/13 Public Relations Consultants Association Limited v The Newspaper Licensing Agency Limited and others, otherwise known as the Meltwater case, to the Court of Justice of the EU. The case examines whether Meltwater News, an electronic media monitoring service, was implicating its subscribers in copyright infringement by distributing reports that include [...]
This post is about a rare mixture of folly and incompetence that is fortunately unlikely to leave any durable traces on the face of copyright law in Europe. However, the utter absurdity of the matter does not deprive it of its current (and hopefully only current) practical significance in Poland. For readers from outside Poland it may even be entertaining (for Poles, I am afraid, not so much).
The ingredients of all this are: (a) good intentions (b) dismal quality of legislation and (c) incompetence of a major public body [...]
In an interesting case about the portrait rights of the legendary Dutch football (soccer) player Johan Cruijff, the Supreme Court of the Netherlands recently ruled that a portrait right is not an exclusive right and that a commercial interest can make a difference, unless a reasonable remuneration has already been offered.
Johan Cruijff argued that the publication by the defendant, a Dutch publisher, of a photo book about the years that Cruijff played for Ajax Amsterdam, infringed his ‘right of [...]