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Portugal: TV sets in hotel rooms, Court of Appeal of Lisbon, 163/14.8YHLSB.L1-6, 27 December 2014

The installation of TV sets in hotel rooms, which show videograms through the TV signal distributed by a cable operator, constitutes a public performance and the making available to the public of those videograms.  Consequently, authorisation is required from concerned rightholders and equitable remuneration is payable under the relevant provisions of the Code of Copyright and Related Rights (Articles 178(1)(a) and 184(2)(3)).

A full summary of this case has been published on Kluwer IP Law

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Who will C More? Broadcasters, users or unauthorised website portals?

Blum_Jeremy2On 26 March, the Court of Justice of the European Union (CJEU) handed down Case C-279/13 C More Entertainment, the latest decision regarding the right of communication to the public in the context of websites providing links to content. In this particular case, C More provided live broadcasts of ice hockey matches on the Internet for payment of a fee. The defendant created links on its website to the C More live broadcasts and circumvented the paywall thus allowing its users to have live access to the broadcasts.

When the case of C More was initially referred, the fashionable focus on the nature of internet hyperlinks was in full swing. There were already pending references for Svensson  [...]

Bestwater: CJEU embeds decision on framed content in order

benjamin-schuetze“What has not been clarified though is the aspect of unfair competition.”

On 21st of October 2014 the Court of Justice of the European Union delivered its order in a preliminary ruling procedure (C-348/13), which was referred to the CJEU by the German Federal Court of Justice (BGH) in May 2013.  As yet, only the German and French language version of the order have been published.

The case concerned the question whether a website operator who embeds copyright protected videos in his website by framing technology infringes the copyright on these videos. Does framing constitutes a (yet unknown kind of) communication to the public pursuant to Art 3(1) InfoSoc-Directive (2001/29/EC)? Like th [...]

What’s the size of small parts? (Germany)

By Benjamin Schütze, Institute of Legal Informatics, Leibniz Universität Hannover

“Since its introduction in 2003, the provision marks the centre of a controversy between schools and institutions of higher education and copyright holders, especially publishing houses marketing a scientific – educational portfolio.”

About the right to make available small parts of a work for illustration purposes for teaching in schools and higher education and how it is interpreted by OLG Stuttgart in Alfred Kröner Verlag GmbH & Co. KG v Fernuniversität in Hagen (4 U 171/11).

The dispute between the parties centres on the question of whether Fernuniversität Hagen shall be permitted under § 52a Germ [...]

[Updated] As had long been suspected: The proposed Press Publishers Right is meant as a lex Google after all (Germany)

“Some said this would be like an Opera House charging the taxi drivers for taking the audience to the venue.”

It has been more than three years now since the infamous idea of a new neighbouring right for press publishers appeared in the coalition agreement of the second Merkel government out of thin air. On the face of it, the approach seemed somewhat reasonable: To give press publishers a neighbouring right just like the ones enjoyed by other key players of content production, f.e. film and phonogram producers.

First ideas for an implementation circled around a kind of online press levy, to be payed by any commercial or public entity. There were reports about the respective collecting socie [...]

Vorschaubilder II. The second case on image search thumbnails

The German Federal Court of Justice rejects liability for image search thumbnails even if they are indexed on websites showing the images without permission as long as other websites did so with the rights holder’s consent.

The first landmark case involving thumbnail previews of Google’s image search function in Germany (Vorschaubilder I, 2010) had dealt with indexation of images put online by the rights holder herself with no robots.txt file telling search bots not to index these images. Criticised by many, the Federal Court of Justice in that first case in effect established an opt-out rule where the rights holder has to actively indicate not to allow indexing in order to get injunctive re [...]

Finland: Finreactor I & II (Supreme Court), 30 June 2010

Logo FinreactorFinland: Finreactor I, Supreme Court (Korkein oikeus), 30 June 2010.

Filesharing: The defendants were administrators of the Finreactor BitTorrent file sharing network. The networks’ users could illegally download copyrighted works. The network was built so that the files were not available on the Finreactor’s site but resided on users’ own computers. Finreactor had a tracker that kept track of which user had which files available for downloading.The administrators had removed torrent-links, given warnings and banned users from the site. The administrators were not aware of the content of individual files.The court held that the administrators’ criminal liability was not limited by the techni [...]

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