The court of appeals confirmed that there had been infringement of copyright in the claimant’s photographs, and in doing so, clarified the requirements for the protection of photos as copyright works.  The court provided guidance regarding lump sum compensation as an alternative to compensation by way of direct damages. A full summary of this case…

An interesting case about the legality of a regulation issued by the Estonian Government on the “blank tape levy” The Estonian Authors’ Society, Estonian Performers’ Union and Estonian Association of Phonogram Producers (right holders’ collecting societies) filed a complaint in the administrative court claiming monetary damages (income loss) from the Government of the Republic of…

The court of appeals held that as there was no evidence that the Defendants had gained any profit from a public display of sculptures, they were not liable to pay royalties in respect of the exhibition.  However, the defendants were ordered to discontinue sales of products bearing pictures of the copyright sculptures as this activity…

By Jeremy Blum and Luke Maunder, Bristows A recent decision in the UK Intellectual Property and Enterprise Court (IPEC) provides some helpful guidance on the application of the ‘user principle’ and, more importantly, on the interplay between damages for flagrant infringement under s.97(2) of the Copyright Designs and Patents Act 1988 (CDPA) and damages under…

In determining the amount of remuneration that an author might obtain for the copyright in his photographs, it was necessary to determine the remuneration that he would have received if the person who violated his rights had entered into an agreement with the author concerning the use of the work. Such a determination should be based on the remuneration rates in the…

This case in the Court of Appeal of ‘s-Hertogenbosch concerned the use of a photograph of a photo model by two rappers in one of their music videos. The video was uploaded to YouTube after which it was disseminated via their own website’s homepage and their YouTube Channel. Although the rappers were authorised to do so by the…

In this case, the Court of Appeal was required to determine the amount of damages payable when the fact of infringement was ascertained but there was insufficient evidence on the total amount of damages incurred.  The court held that the circumstances related to the type, nature and gravity of the infringement, the lost profit, any moral damages…

In its recent judgment in EAÜ v MTÜ Safari Seiklused (the “Safari” case), the Estonian court held that where a person has signed a licence agreement with an authors’ collecting society, with the intention of using the rights of authors commercially for a public performance, they must unquestioningly fulfil all of the terms of that…

Two Acts of 2007 and 2014 to fight against counterfeiting have modified the French Intellectual Property Code, in order to enable improved compensation for the rightholders as well as better protection of intellectual property rights. In French intellectual property infringement cases, damages were traditionally supposed to cover the prejudice suffered, no more, no less. Punitive…

The French Supreme Court (“Cour de Cassation”) has upheld, in a ruling of 25 September 2012, a judgment of the Court of Appeal of Paris condemning Radioblog and its managing directors to the payment of damages amounting to over €1 million, in addition to a suspended prison sentence of nine months and a €10,000 fine….