The French Act No. 2012-287 of 1 March 2012 ‘on the digital exploitation of unavailable books of the twentieth century’ created a specific compulsory collective management system for out-of-commerce books, in Articles L.134-1 to L.134-9 French intellectual property Code (‘IPC’). These new provisions were intended to allow the digitisation and reissuing of books that are…

A full report of this case has been published on Kluwer IP Law. In this landmark case, the Estonian Supreme Court analysed in detail the legal issues relating to equitable remuneration for the private copying exemption, concentrating on the legality of the regulation on the “blank tape levy” which was established in 2006, and had…

Our era is the era of ‘Big Data’. The proliferation of data that we have experienced in recent years is unprecedented, and its volume only grows. Some numbers: we create 2.5 quintillion bytes of data every day and 90% of the data in today’s world has been created in the last two years. The volume…

Question referred to the Supreme Court by Stockholm District Court in a case between Bildupphovsrätt i Sverige ek.för. (BUS) vs Wikimedia Sverige (Case nr Ö 849-15) On 4th April 2016 the Supreme Court handed down its decision in a case between Bildupphovsrätt i Sverige (BUS) and Wikimedia Sverige. The question referred to the Supreme Court…

In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those…

Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those signals being accessible to the public (the “direct injection” technique). This judgment by the European…

Readers of this blog are familiar (or should I say fed up?) with the piecemeal legal framework of EU copyright. With nine directives in the field of copyright alone (plus one on enforcement), the legal patchwork is evident. One of the problems with this scenario is the interplay of the different directives with one another….

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…

We reported here last month that the private copying exception, which took effect on 1 October 2014 as s.28B of the Copyright, Designs and Patents Act, was declared unlawful by the High Court. The court found that the evidence relied on by the government in order to introduce the exception without also providing a means…

The progressive breakdown of the legal system regulating compensatory remuneration for private copying has given rise to some unusual cases.  We consider this to be true of a Spanish Supreme Court judgment of 6 March 2015 which had to rule on whether mobile telephones and memory cards were subject to compensatory remuneration payment, the amount…