Is the mere accessibility of a copyright infringing website sufficient to establish jurisdiction in a Member State? The Court of Justice of the European Union says a resounding “yes” in Pez Hejduk C-441/13.
The decision does not come as a big surprise, given the earlier (in)famous Pinckney C-170/12 ruling (reported on this blog here) – the ruling which many were refusing to believe was true. But it is. Pez Hejduk clears up any doubts.
Ms Hejduk is an author of photographic works depicting the buildings of the Austrian architect, Georg W. Reinberg. The defendant – EnergieAgentur – used Ms Hejduk’s photographs on its “.de” website. Taking the view that her copyright had been infringed, [...]
The Italian Supreme Court confirmed that software which derives from a pre-existing computer program is eligible for copyright protection provided it demonstrates a minimal level of originality, even if it reproduces the main structure of the pre-existing program.
In this judgment, the French Supreme Court ruled that an author who is a member of a collecting society may not take action in infringement cases to protect his economic rights, except in the case of a deficiency on the part of said collecting society.
In the same judgment, the Supreme Court ruled that publishing agreements for the assignment of rights of an author must be in writing, and it is not possible to demonstrate the existence of an agreement by reference to the behaviour of the authors as regards the exploitation of the work.
In a case concerning the use of a radio set in a small bike shop, the Constitutional Court ruled that in order to assess whether a user is making a communication to the public, the situation of the specific user and of all the persons to whom he communicates the protected works must be assessed.
On 20 January, the Dutch court of appeals (Hof Amsterdam) gave its preliminary ruling in the case of Tom Kabinet. In this ruling the court had to consider whether the CJEU UsedSoft rationale applies to eBooks as well. Without giving a final judgment, the court indicated that it considers it quite likely that exhaustion of rights, as described in art 4(2) of the Infosoc Directive, also applies to intangible goods, such as eBooks.
Tom Kabinet, a Dutch company, started a business in ‘used’ eBooks. The owner of an eBook can sell his copy through the website of Tom Kabinet. In order to sell used eBooks, the owner needs to declare that he obtained the copy legally, by agreeing to Tom Kabinet [...]
In its recent decision (22 January 2015) in the Allposters case (C-419/13), the ECJ confirmed that exhaustion of the distribution rights does not apply to works that have been modified. The copyright owner can therefore still oppose the distribution of the modified work, even if he had agreed to the distribution of the original work.
The degree of modification needed -or sufficient- to claim that exhaustion of rights does not apply is still uncertain: the ECJ confirmed that if the modification amounts to a new reproduction, the exhaustion of rights will not apply (even if the “original” copy is destroyed in the process of making the new copy). This is the case if the physical medium on w [...]
The CJEU’s interpretative work on copyright law issues launched in 2015 with the decision of 15 January in the case of Ryanair Ltd v PR Aviation BV (Case C‑30/14). The Ryanair ruling is the latest stone added to the complex edifice of legal protection of databases in Europe.
PR Aviation operates a website which allows consumers to search through the flight data of low-cost air companies. It obtains the necessary data to respond to an individual query by automated means, inter alia, from a dataset linked to the Ryanair website. Access to Ryanair’s website presupposes that a visitor to the site accepts the application of the air company’s general terms and conditions by ticking a box [...]
The first Danish court decision on blocking an infringing website selling replica products was issued on December 11, 2014. It was the Danish Maritime and Commercial High Court that issued the ruling, which orders Danish Internet Service Providers (ISPs) to block access to the online store, Interior Addict. Interior Addict is a website which illegally distributes replica furniture and lamps in Denmark.
Danish right holders and their local content protection organisation, RettighedsAlliancen, have a long history when it comes to website blocking. Right holders have, since the first blocking ruling in 2006, obtained a number of court rulings requiring Danish ISPs to block access to illegal we [...]
The book “The Variable Scope of the Exclusive Economic Rights in Copyright” recently published in Kluwer’s Information Law Series is the result of my doctoral research (which led to a doctoral dissertation defended at Vrije Universiteit Brussel in 2011). This article provides an overview of the research described in the book, followed by a more detailed description of some of the key subjects covered.
Overview of the Book
Originally, the starting point of the research was the observation that in a digital always “ON” world some acts are protected under copyright, while the same acts are not in the analogue world. Take searching for information as an example: in the analogue w [...]
Article L.321-1 paragraph 2 of the French Intellectual Property Code (‘IPC’) provides that collecting societies are entitled to take legal action to defend the rights for which they are responsible under their articles of association (by-laws). Collecting societies may therefore take legal action to defend their repertoires and those of foreign collecting societies that they manage, whether before the civil courts (Supreme Court, 22 March 1988, 86-11874) or the criminal courts (Supreme Court, 25 October 1988, 86-91720). In its judgment of 13 November 2014 (13-22401), the French Supreme Court answered a very important question: do authors who are members of collecting societies retain the [...]