‘Communication to the Public’ in FAPL v QC Leisure and Murphy v Media Protection Services (C-403/08 and C-429/08)

Post by Enrico Bonadio On 4 October 2011 the Court of Justice of the European Union released its decision in FAPL v QC Leisure and Murphy v Media Protection Services (Joined Cases C-403/08 and C-429/08). Amongst the many aspects dealt with, the Court gave its interpretation of ‘communication to the public’ under Article 3(1) of … Continue reading

Joint Authorship of Films in the Absence of Express Terms (Slater V Wimmer [2012] Ewpcc, Judge Birss Qc, 16 February 2012)

The Patents County Court in Slater v Wimmer decided a case regarding a dispute as to ownership of copyright in a film. The Court reaffirmed that under Section 10(1A) of the Copyright Designs and Patents Act 1988 the producer and principal director are considered joint authors of the copyright in a film if they are … Continue reading

Court of Milan Holds Video Sharing Platforms Liable for Copyright Infringement

Dr. Enrico Bonadio In June and September 2011 the Court of Milan released two interesting decisions in the field of liability of Internet Service Providers for copyright infringement committed by their users. In particular, the Court found that the Internet Service Providers Italia On Line and Yahoo! Italia were liable for copyright infringement in connection … Continue reading

A free and open Internet in Europe? Case C-70/10 Scarlet Extended SA v SABM

Post by Prof. Lorna Woods Photo: Xeni Jardin (xeni, CC via flickr) Case C‑70/10 Scarlet Extended SA v. Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM), judgment 24 November 2011 here. In 2004, SABAM requested that Scarlet, a Belgian Internet service provider, filter the online activities of its users to avoid illegal downloads, affecting copyright … Continue reading

File Sharing, Copyright and Freedom of Expression

The article explores the relationship between copyright and freedom of speech in the Internet environment. After highlighting the constitutional dimension of these conflicting rights, the phenomenon of file sharing and the role of Internet Service Providers (ISPs), the author analyzes the debate surrounding a particular sanction used in certain jurisdictions to punish unauthorized on line … Continue reading

Exceptions to Public Lending Rights and Authors’ Remuneration: the ECJ in Vewa v Belgium

On 30 June 2011 the Court of Justice of the European Union (CJEU) gave its decision in Vereniging van Educatieve en Wetenschappelijke Auters (Vewa) v Belgium (Case C-271/10). The CJEU interpreted Article 6(1) of Directive 2006/115, which allows Member States to derogate from the exclusive rights provided in respect of “public lending”, provided that authors … Continue reading

ITV v TV Catchup

Post by Prof. Lorna WoodsThe judgment in ITV Broadcasting Ltd and Ors v TV Catchup Ltd  [2011] EWHC 1874 (Pat) was handed down on 18 July 2011.  TV Catchup Ltd (TVC) operates an internet based live streaming service of broadcast television programmes, including films, in which the claimants own the copyright. The service provided does … Continue reading

Protecting Intellectual Property Rights Through EU Customs Procedures

This article addresses the EU legislation on customs action against goods suspected of infringing intellectual property rights (IPR) and in particular Council regulation No 1383/2003 of 22 July 2003. Preliminarily, it deals with the impact of counterfeiting activity and the ways counterfeit and pirated goods are usually marketed. Reference is made to the relevant regulations … Continue reading

The ECJ Rules on Private Copying Levy: Padawan SL v. Sociedad General de Autores y Editores (SGAE) (C-467/08)

On October 21, 2010 the European Court of Justice (ECJ) gave its decision in an interesting case regarding the so-called “private copying levy” (Padawan SL v. Sociedad General de Autores y Editores (SGAE) (C-467/08)).The ECJ held that such a levy is in conformity with Directive 2011/79 (on the harmonisation of certain aspects of copyright in … Continue reading

ISPs lose in judicial review of DEA

The challenge by TalkTalk and BT to elements of the Digital Economy Act 2010 and the draft Copyright (Initial Obligations) (Sharing of Costs) Order 2011 has failed on all grounds except for a relatively minor point on the sharing of administrative costs. The challenged provisions included those related to the initial obligations code in Sections 3-7 including the provision of … Continue reading