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Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 2 May 2012

The claimant record companies sought injunctions to prevent the defendant broadband suppliers allowing access to a website which provided facilties to those wishing to swap materials which infringed the claimants’ copyrights in music. Held: Judges: Arnold J Citations: [2012] EWHC 1152 (Ch) Links: Bailii Statutes: European Parliament and Council Directive 2001/29/EC of 22 May 2001 … Continue reading Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 2 May 2012

Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 20 Feb 2012

The claimants, music copyright holders, sought an injunction against the defendant Internet Service Providers to require them to restrain access to a file-sharing website (TPB). Held: The website was infringing the copyright of the claimants. Judges: Arnold J Citations: [2012] EWHC 268 (Ch), [2012] 3 CMLR 14, [2012] RPC 27, [2013] Bus LR D24, [2012] … Continue reading Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 20 Feb 2012

SAS Institute Inc v World Programming Ltd: CA 12 May 2020

Appeal from refusal of continuance of anti-suit injunction Judges: Flaux, Males, Popplewell LJJ Citations: [2020] EWCA Civ 599, A4/2019/2516, A4/2019/2516(A) Links: Bailii, udiciary Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and … Continue reading SAS Institute Inc v World Programming Ltd: CA 12 May 2020

SAS Institute Inc v World Programming Ltd (2495): ComC 25 Sep 2019

Post judgment orders Citations: [2019] EWHC 2496 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods … Continue reading SAS Institute Inc v World Programming Ltd (2495): ComC 25 Sep 2019

SAS Institute Inc v World Programming Ltd (Injunction): ComC 25 Sep 2019

Continuation of anti-suit injunction – refused Judges: Cockerill J Citations: [2019] EWHC 2481 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty … Continue reading SAS Institute Inc v World Programming Ltd (Injunction): ComC 25 Sep 2019

SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts. Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a fundamental building block for the fraud claim and that without it that claim – as it … Continue reading SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012

ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012

SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011

ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program without access to the latter’s source code Judges: Bot AG Citations: C-406/10, [2011] EUECJ C-406/10 Links: Bailii Statutes: Directive 91/250/EEC, Directive 2001/29/EC Jurisdiction: European Citing: At … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011

SAS Institute Inc v World Programming Ltd: ChD 22 Nov 2010

The parties sought to agree the terms of a reference to the European Court of Justice. Judges: Arnold J Citations: [2010] EWHC 3012 (Ch), [2011] 2 CMLR 9, [2011] FSR 12, [2011] Eu LR 303 Links: Bailii Statutes: Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs Jurisdiction: England and … Continue reading SAS Institute Inc v World Programming Ltd: ChD 22 Nov 2010

SAS Institute Inc v World Programming Ltd: ChD 23 Jul 2010

The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods of operation and mathematical concepts as such’ on domestic copyright law. Held: Arnold J said: ‘Skill, judgement and labour in devising ideas, procedures, methods of operation and … Continue reading SAS Institute Inc v World Programming Ltd: ChD 23 Jul 2010

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and Others: SC 17 Apr 2013

The agency alleged copyright infringement by the members of the appellant association who were licensed to copy newspaper articles for its members as part of its news monitoring service. Held: It was necessary to refer to the European Court of Justice the question of whether article 5.1 of the 2001 Directive, as implemented in section … Continue reading Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and Others: SC 17 Apr 2013

ITV Studios Ltd v TVCatchup Ltd: ECJ 7 Mar 2013

ECJ Directive 2001/29/EC – Article 3(1) – Broadcasting by a third party over the internet of signals of commercial television broadcasters – ‘Live streaming’ – Communication to the public Judges: L. Bay Larsen, P Citations: C-607/11, [2013] EUECJ C-607/11 Links: Bailii Statutes: Directive 2001/29/EC 3(1) Citing: At Patents Court – ITV Broadcasting Ltd and Others … Continue reading ITV Studios Ltd v TVCatchup Ltd: ECJ 7 Mar 2013

Football Association Premier League Ltd v QC Leisure and Others: CA 20 Dec 2012

The claimant appealed against rejection of their claim for copyright infringement. The defendant supplied decoders for European satellite feeds to publicans of transmissions of games from Europe wihin the UK. Held: The appeal failed. Judges: Etherton, Lewison, Munby LJJ Citations: [2012] EWCA Civ 1708, [2013] BUS LR 866, [2012] WLR(D) 392 Links: Bailii, WLRD Statutes: … Continue reading Football Association Premier League Ltd v QC Leisure and Others: CA 20 Dec 2012

Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011

ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011

ITV Broadcasting Ltd and Others v TVCatchup Ltd and Another: PatC 14 Nov 2011

Judges: Floyd J Citations: [2011] EWHC 2977 (Pat), [2012] ECDR 5 Links: Bailii Citing: See Also – ITV Broadcasting Ltd and Others v TV Catchup Ltd PatC 18-Jul-2011 . . Cited by: Reference – ITV Studios Ltd v TVCatchup Ltd ECJ 7-Mar-2013 ECJ Directive 2001/29/EC – Article 3(1) – Broadcasting by a third party over … Continue reading ITV Broadcasting Ltd and Others v TVCatchup Ltd and Another: PatC 14 Nov 2011

Meakin v British Broadcasting Corporation and Others: ChD 27 Jul 2010

The claimant alleged that the proposal for a game show submitted by him had been used by the various defendants. He alleged breaches of copyright and of confidence. Application was now made to strike out the claim. Judges: Arnold J Citations: [2010] EWHC 2065 (Ch) Links: Bailii Statutes: Civil Procedure Rules 24.2 Jurisdiction: England and … Continue reading Meakin v British Broadcasting Corporation and Others: ChD 27 Jul 2010

Temple Island Collections Ltd v New English Teas Ltd and Another: PCC 12 Jan 2012

The claimant asserted infringement of their copyright in a photograph. It showed the Houses of Parliament in black and white with a London bus in red. The original action had been settled and the proposed image withdrawn as a copy. The defendants had however produced their own image, but one which fitted the same description. … Continue reading Temple Island Collections Ltd v New English Teas Ltd and Another: PCC 12 Jan 2012

ITV Broadcasting Ltd and Others v TV Catch Up Ltd: ChD 25 Nov 2010

The defendant sought summary judgment saying that the claim was doomed to fail. The claimants alleged copyright infringement in the rebroadcasting by the defendants of their materials. Judges: Kitchin J Citations: [2010] EWHC 3063 (Ch) Links: Bailii Statutes: Copyright Designs and Patents Act 1988 6, Copyright and Related Rights Regulations 2003 (SI 2003/2498), Directive 2001/29/EC … Continue reading ITV Broadcasting Ltd and Others v TV Catch Up Ltd: ChD 25 Nov 2010

Circul Globus Bucuresti: ECJ 24 Nov 2011

(Intellectual Property) Approximation of laws – Copyright and related rights – Directive 2001/29/EC – Article 3 – Concept of ‘communication of a work to a public present at the place where the communication originates’- Dissemination of musical works in the presence of an audience without paying the collective management organisation the appropriate copyright fee – … Continue reading Circul Globus Bucuresti: ECJ 24 Nov 2011

Luksan v Van Der Let (Intellectual Property) French Text: ECJ 6 Sep 2011

ECJ Directive 93/83/EEC – Directive 2006/116/EC, Directive 2001/29/EC – Directive 2005/115/EC – Copyright of the principal director of a film – Allocation of exclusive exploitation rights to the producer Film – Conditions – Article 14bis of the Berne Convention – Article 17 of the Charter of Fundamental Rights of the European Union – Equitable remuneration … Continue reading Luksan v Van Der Let (Intellectual Property) French Text: ECJ 6 Sep 2011

ITV Broadcasting Ltd and Others v TV Catchup Ltd: PatC 18 Jul 2011

Judges: Floyd J Citations: [2011] EWHC 1874 (Pat), [2011] FSR 40 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – ITV Broadcasting Ltd and Others v TVCatchup Ltd and Another PatC 14-Nov-2011 . .At Patents Court – ITV Studios Ltd v TVCatchup Ltd ECJ 7-Mar-2013 ECJ Directive 2001/29/EC – Article 3(1) – Broadcasting … Continue reading ITV Broadcasting Ltd and Others v TV Catchup Ltd: PatC 18 Jul 2011

Martin and Another v Kogan and Others: IPEC 22 Nov 2017

The parties disputed whether joint authorship of the screenplay for a film, ‘Florence Foster Jenkins’. The claimant now sought a declaration of sole authorship of film screenplay, and the defendant cross-claimed for a declaration of joint authorship. The parties had been cohabiting at the time of its creation, and though the screenplay had been publicly … Continue reading Martin and Another v Kogan and Others: IPEC 22 Nov 2017

Infopaq International A/S v Danske Dagblades Forening: ECJ 17 Jan 2012

ECJ Copyright – Information society – Directive 2001/29/EC – Article 5(1) and (5) – Literary and artistic works – Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient reproductions – Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction and storage … Continue reading Infopaq International A/S v Danske Dagblades Forening: ECJ 17 Jan 2012

Stichting De Thuiskopie v Mijndert van der Lee, Hananja van der Lee, Opus Supplies Deutschland GmbH: ECJ 10 Mar 2011

ECJ Copyright – Directive 2001/29/EC – Article 5(2)(b) – Article 5(5) – Reproduction rights – Fair compensation – Distance selling. Citations: [2011] ECR I-0000, C-462/09, [2011] EUECJ C-462/09 Links: Bailii Statutes: Directive 2001/29/EC 5(2)(b) Jurisdiction: European Cited by: Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011 The claimant alleged … Continue reading Stichting De Thuiskopie v Mijndert van der Lee, Hananja van der Lee, Opus Supplies Deutschland GmbH: ECJ 10 Mar 2011

Football Association Premier League and Others v QC Leisure: ECJ 3 Feb 2011

ECJ Advocate General’s Opinion – Satellite transmission of football matches – Marketing of decoder cards which have been lawfully placed on the market in other Member States – Directive 98/84/EC – Legal protection of services based on conditional access – Illicit access device – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 3 Feb 2011

Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany: ECJ 14 Oct 2010

ECJ Opinion – Intellectual Property – Directive 91/250/EEC – Legal protection of computer programs – Definition of ‘all forms of expression of a computer program’ – Inclusion of the GUI program – Copyright – Directive 2001/29/EC – Copyright and Related Rights in the Information Society – Television broadcasting of a graphical user interface – to … Continue reading Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany: ECJ 14 Oct 2010

Reha Training v GEMA eV: ECJ 31 May 2016

ECJ (Judgment) Preliminary reference – Intellectual property – Copyright and related rights – Directive 2001/29 / EC – Article 3, paragraph 1 – Directive 2006/115 / EC – Article 8, paragraph 2 – Concept of ‘communication to the public’ – Installation of television sets by the operator of a rehabilitation center in order to allow … Continue reading Reha Training v GEMA eV: ECJ 31 May 2016

Kogan v Martin and Others: CA 9 Oct 2019

Dispute over the authorship of the screenplay of a film. Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material matters and applied incorrect legal standards to the assessment of the sufficiency of Ms Kogan’s contributions. … Continue reading Kogan v Martin and Others: CA 9 Oct 2019

SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013

The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013

SAS Institute Inc v World Programming Ltd: ChD 25 Jan 2013

The parties disputed the extent to which elements of the claimant’s software package could be used by the defendants. SAS had written software including its own computer language to create a data processing environment. The defendants had wanted to produce software it could sell in competition which, for the same inputs would produce the same … Continue reading SAS Institute Inc v World Programming Ltd: ChD 25 Jan 2013

Sociedad General De Autores Y Editores De Espana (SGAE) v Rafael Hoteles SA: ECJ 7 Dec 2006

ECJ (Law Relating To Undertakings) Copyright and related rights in the nformation society – Directive 2001/29/EC – Article 3 – Concept of communication to the public – Works communicated by means of television sets installed in hotel rooms.The Court interpreted Article 3(1) of the Information Society Directive in accordance with Article 8 of the WIPO … Continue reading Sociedad General De Autores Y Editores De Espana (SGAE) v Rafael Hoteles SA: ECJ 7 Dec 2006

Peek and Cloppenburg (Free Movement Of Goods): ECJ 17 Apr 2008

ECJ Copyright Directive 2001/29/EC Article 4(1) Distribution to the public by sale or otherwise of the original of a work or a copy thereof Use of reproductions of copyright-protected furniture as items of furniture exhibited in a sales area and in display windows No transfer of ownership or possession. Citations: C-456/06, [2008] EUECJ C-456/06 Links: … Continue reading Peek and Cloppenburg (Free Movement Of Goods): ECJ 17 Apr 2008

Commission v France C-59/04: ECJ 27 Jan 2005

(Approximation Of Laws) Failure of a Member State to fulfill obligations – Directive 2001/29 / EC – Harmonization of certain aspects of copyright and related rights in the information society – Non-transfer within the prescribed period Citations: [2005] EUECJ C-59/04 Links: Bailii Jurisdiction: European Intellectual Property Updated: 29 June 2022; Ref: scu.222055

Public Relations Consultants Association v Newspaper Licensing Agency Ltd and Others: ECJ 5 Jun 2014

ECJ (Judgment Of The Court) Copyright – Information Society – Directive 2001/29/EC – Article 5(1) and (5) – Reproduction – Exceptions and limitations – Creation of copies of an internet site on-screen and in the cache of the hard disk in the course of browsing the internet – Temporary act of reproduction – Transient or … Continue reading Public Relations Consultants Association v Newspaper Licensing Agency Ltd and Others: ECJ 5 Jun 2014

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

Infopaq International v Danske Dagblades Forening: ECJ 12 Feb 2009

ECJ (Opinion) Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts of reproduction – Monitoring and analysis of the media – Extracts from newspaper articles composed of 11 words. Judges: Trstenjak AG Citations: … Continue reading Infopaq International v Danske Dagblades Forening: ECJ 12 Feb 2009

Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

Insufficient Evidence to say Song was Copied S sought a declaration that he had not copied the defendant’s song with his own. The court examined the musical details of both songs. Held: The song was not copied. The defendant had not shown that the claimant knew anything of the defendant’s song ‘Oh Why’. The fact … Continue reading Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

British Academy of Songwriters, Composers and Authors and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 19 Jun 2015

The claimants, representatives of musicians complained of the scheme in section 28B of the 1988 Act: ‘creating an exception to copyright based upon personal private use. Henceforward, any person who legitimately acquires content (music, film, books) can copy that work for his or her own private use without infringing copyright. It can be copied onto … Continue reading British Academy of Songwriters, Composers and Authors and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 19 Jun 2015

SCF Consorzio Fonografici v Marco Del Corso: ECJ 15 Mar 2012

ECJ Judgment – Copyright and related rights in the information society – Direct applicability of the Rome Convention, the TRIPS Agreement and the WPPT in the European Union legal order – Directive 92/100/EC – Article 8(2) – Directive 2001/29/EC – Concept of ‘communication to the public’- Communication to the public of phonograms broadcast by radio … Continue reading SCF Consorzio Fonografici v Marco Del Corso: ECJ 15 Mar 2012

Stichting Brein v Ziggo BV, XS4ALL Internet BV: ECJ 14 Jun 2017

ECJ (Freedom of Establishment – Freedom To Provide Services Approximation of Laws Intellectual, Industrial and Commercial Property : Judgment) Reference for a preliminary ruling – Intellectual and industrial property – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights – Article 3(1) – Communication to the public – Definition – Online sharing … Continue reading Stichting Brein v Ziggo BV, XS4ALL Internet BV: ECJ 14 Jun 2017

Staatlich genehmigte Gesellschaft der Autoren,Komponisten und Musikverlegerregistrierte Genossenschaft mbH v Zurs.net Betriebs GmbH: ECJ 16 Mar 2017

ECJ (Freedom of Establishment Freedom of Establishment Freedom To Provide Services Approximation of Laws Intellectual, Industrial and Commercial Property – Judgment) Reference for a preliminary ruling – Intellectual property – Copyright and related rights in the information society – Directive 2001/29/EC – Right of communication of works to the public – Article 3(1) – Exceptions … Continue reading Staatlich genehmigte Gesellschaft der Autoren,Komponisten und Musikverlegerregistrierte Genossenschaft mbH v Zurs.net Betriebs GmbH: ECJ 16 Mar 2017

Soulier and Doke v Premier ministre: ECJ 16 Nov 2016

EJ Judgment – Reference for a preliminary ruling – Intellectual and industrial property rights – Directive 2001/29/EC – Copyright and related rights – Articles 2 and 3 – Rights of reproduction and communication to the public – Scope – ‘Out-of-print’ books which are not or no longer published – National legislation giving a collecting society … Continue reading Soulier and Doke v Premier ministre: ECJ 16 Nov 2016

Microsoft Mobile Sales International and Others v Ministero per i beni e le attivita culturali and Others: ECJ 22 Sep 2016

ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Exclusive right of reproduction – Exceptions and limitations – Article 5(2)(b) – Private copying exception – Fair compensation – Conclusion of agreements governed by private law to determine the criteria for exemption … Continue reading Microsoft Mobile Sales International and Others v Ministero per i beni e le attivita culturali and Others: ECJ 22 Sep 2016

GS Media v Sanoma Media Netherlands BV and Others: ECJ 8 Sep 2016

ECJ Judgment – Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(1) – Communication to the public – Definition – Internet – Hyperlinks giving access to protected works, made accessible on another website without the … Continue reading GS Media v Sanoma Media Netherlands BV and Others: ECJ 8 Sep 2016

GS Media v Sanoma Media Netherlands BV and Others: ECJ 7 Apr 2016

ECJ (Advocate General’s Opinion) Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Information society – Article 3(1) – Communication to the public – Website – Making available to the public of hyperlinks to works freely accessible on another website – No authorisation from the holder Wathelet AG C-160/15, [2016] … Continue reading GS Media v Sanoma Media Netherlands BV and Others: ECJ 7 Apr 2016

Egeda and Others v Administracion del Estado and Others: ECJ 9 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Intellectual and industrial property – Copyright and related rights – Directive 2001/29/EC – Article 5(2)(b) – Reproduction right – Exceptions and limitations – Private copying – Fair compensation – Financing from the General State Budget – Whether permissible – Conditions ECLI:EU:C:2016:418, [2016] EUECJ C-470/14 Bailii European Intellectual … Continue reading Egeda and Others v Administracion del Estado and Others: ECJ 9 Jun 2016

Stim and SAMI v Fleetmanager Sweden AB: ECJ 15 Jan 2020

(Freedom of Establishment – Opinion) Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29 / EC – Article 3, paragraph 1 – Directive 2006/115 / EC – Article 8, paragraph 2 – Concept of’ communication to the public ‘- Company rental cars each having a radio as standard … Continue reading Stim and SAMI v Fleetmanager Sweden AB: ECJ 15 Jan 2020

SBS Belgium v Belgische Vereniging van Auteurs, Componisten en Uitgevers: ECJ 19 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2001/29/EC – Article 3(1) – Communication to the public – Definition of ‘communication’ and ‘public’ – Distribution of television programmes – Process known as ‘direct injection’ C-325/14, [2015] EUECJ C-325/14 Bailii Directive 2001/29/EC 3(1) European, Media Updated: 06 January 2022; Ref: scu.554871

Hewlett-Packard Belgium SPRL v Reprobel SCRL: ECJ 12 Nov 2015

Judgment – Reference for a preliminary ruling – Approximation of laws – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Exclusive reproduction right – Exceptions and limitations – Article 5(2)(a) and (b) – Reprography exception – Private copying exception – Requirement for consistent application of exceptions – Concept of ‘fair compensation’ – … Continue reading Hewlett-Packard Belgium SPRL v Reprobel SCRL: ECJ 12 Nov 2015

C More Entertainment AB v Linus Sandberg: ECJ 26 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(2) – Direct broadcast of a sporting fixture on an internet site C-279/13, [2015] EUECJ C-279/13, ECLI:EU:C:2015:199 Bailii Directive 2001/29/EC … Continue reading C More Entertainment AB v Linus Sandberg: ECJ 26 Mar 2015

Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany: ECJ 22 Dec 2010

ECJ Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Notion of ‘expression in any form of a computer program’ – Inclusion or non-inclusion of a program’s graphic user interface – Copyright – Directive 2001/29/EC – Copyrights and related rights in the information society – Television broadcasting of a graphic user interface … Continue reading Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany: ECJ 22 Dec 2010

Scarlet Extended Sa v Societe Belge Des Auteurs Compositeurs Et Editeurs (SABAM): ECJ 24 Nov 2011

ECJ Judgment – Information society – Copyright – Internet – ‘Peer-to-peer’ software – Internet service providers – Installation of a system for filtering electronic communications in order to prevent file sharing which infringes copyright – No general obligation to monitor information transmitted K. Lenaerts, P [2011] EUECJ C-70/10, [2012] ECDR 4, ECLI:EU:C:2011:771 Bailii Directive 95/46/EC, … Continue reading Scarlet Extended Sa v Societe Belge Des Auteurs Compositeurs Et Editeurs (SABAM): ECJ 24 Nov 2011

Bestwater International v Mebes, Potsch: ECJ 21 Oct 2014

ECJ Preliminary reference – Approximation of laws – Copyright and related rights – Directive 2001/29 / EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3, paragraph 1 – Communication Public – Concept – Internet links providing access to copyrighted works – Using the technique of ‘transclusion’ (‘framing’) … Continue reading Bestwater International v Mebes, Potsch: ECJ 21 Oct 2014

Art and Allposters International BV: ECJ 11 Sep 2014

ECJ Advocate General’s Opinion – Copyright and related rights – Directive 2001/29 / EC – Distribution rights – Exclusive right of authors to authorize or prohibit any form of distribution to the public – Exhaustion – Copyright – New form’ MP Cruz Villalon C-419/13, [2014] EUECJ C-419/13 – O, ECLI: EU: C: 2014: 2214, [2015] … Continue reading Art and Allposters International BV: ECJ 11 Sep 2014

Copydan Bandkopi v Nokia Danmark A/S: ECJ 18 Jun 2014

ECJ Intellectual Property – Copyright and related rights – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights in the information society – Exclusive Copyright – Article 5, paragraph 2 b) – Article 5, paragraph 5 – Exceptions and limitations – Private copying exception – Fair compensation – Scope – National legislation … Continue reading Copydan Bandkopi v Nokia Danmark A/S: ECJ 18 Jun 2014

Deckmyn And Vrijheidsfonds: ECJ 22 May 2014

ECJ Opinion – Directive 2001/29/EC – Copyright – Article 5, paragraph 3, sub k) of Directive 2001/29/EC – Reproduction right – Exceptions – Parody – Autonomous concept of European Union law – Rights Basic – General Principles Cruz Villalon AG C-201/13, [2014] EUECJ C-201/13 – O, [2014] EUECJ C-201/13 Bailii, Bailii Directive 2001/29/EC European, Intellectual … Continue reading Deckmyn And Vrijheidsfonds: ECJ 22 May 2014

ACI Adam And Others v Stichting de Thuiskopie: ECJ 10 Apr 2014

ECJ Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 5(2)(b) and (5) – Reproduction right – Exceptions and limitations – Reproduction for private use – Lawful nature of the origin of … Continue reading ACI Adam And Others v Stichting de Thuiskopie: ECJ 10 Apr 2014

Svensson And Others v Retriever Sverige Ab: ECJ 13 Feb 2014

ECJ Reference for a preliminary ruling – Approximation of laws – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(1) – Communication to the public – Meaning – Internet links (‘clickable links’) giving access to protected works L Bay Larsen, P … Continue reading Svensson And Others v Retriever Sverige Ab: ECJ 13 Feb 2014

Martin Blomqvist v Rolex Sa: ECJ 6 Feb 2014

ECJ Reference for a preliminary ruling – Regulation No 1383/2003 – Measures to prevent counterfeit or pirated goods being placed on the market – Article 2 – Scope of the Regulation – Private sale by internet of a counterfeit watch from a non – member country to an individual residing in a Member State – … Continue reading Martin Blomqvist v Rolex Sa: ECJ 6 Feb 2014

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

Ochranny Svaz Autorsky Pro Prava K Dilum Hudebnim OS v Lecebne Lazne Marianske Lazne AS: ECJ 14 Nov 2013

ECJ Copyright and related rights in the information society – Directive 2001/29/EC – Definition of ‘communication to the public’ – Communication by radio or television receivers to bedrooms in a spa establishment – Direct effect – Freedom to provide services – Exclusive rights accorded to a copyright collecting society in a Member State Sharpston AG … Continue reading Ochranny Svaz Autorsky Pro Prava K Dilum Hudebnim OS v Lecebne Lazne Marianske Lazne AS: ECJ 14 Nov 2013

Luksan v Van Der Let: ECJ 9 Feb 2012

ECJ Reference for a preliminary ruling – Approximation of laws – Intellectual property – Copyright and related rights – Directives 93/83/EEC, 2001/29/EC, 2006/115/EC and 2006/116/EC – Sharing of the rights to exploit a cinematographic work, by contract, between the principal director and the producer of the work – National legislation allotting those rights, exclusively and … Continue reading Luksan v Van Der Let: ECJ 9 Feb 2012

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

Amazon.Com International Sales Inc v Austro-Mechana Gesellschaft Zur Wahrnehmung Mechanisch-Musikalischer Urheberrechte Gesellschaft Mbh: ECJ 11 Jul 2013

ECJ Approximation of laws – Intellectual property – Copyright and related rights – Exclusive right of reproduction – Directive 2001/29/EC – Article 5(2)(b) – Fair compensation – Indiscriminate application with a possible right to recovery of the private copying levy intended to finance compensation – Payment of the revenue collected in part to rightholders and … Continue reading Amazon.Com International Sales Inc v Austro-Mechana Gesellschaft Zur Wahrnehmung Mechanisch-Musikalischer Urheberrechte Gesellschaft Mbh: ECJ 11 Jul 2013

Football Association Premier League and Others v QC Leisure and Others; Murphy v Media Protection Services Ltd: ECJ 3 Feb 2011

ECJ (Advocate General’s Opinion) (Freedom To Provide Services) Satellite transmission of football matches – Marketing of decoder cards which have been lawfully placed on the market in other Member States – Directive 98/84/EC – Legal protection of services based on conditional access – Illicit access device – Directive 2001/29/EC – Harmonisation of certain aspects of … Continue reading Football Association Premier League and Others v QC Leisure and Others; Murphy v Media Protection Services Ltd: ECJ 3 Feb 2011

Verwertungsgesellschaft Wort v Kyocera Document Solutions Deutschland Gmbh And Others: ECJ 24 Jan 2013

ECJ Copyright and related rights in the information society – Temporal effect of Directive 2001/29/EC – Reproduction right – Exceptions or limitations – Fair compensation – Notion of ‘reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects’ – Reproductions … Continue reading Verwertungsgesellschaft Wort v Kyocera Document Solutions Deutschland Gmbh And Others: ECJ 24 Jan 2013

UPC Telekabel Wien v Constantin Film Verleih GmbH: ECJ 27 Mar 2014

ECJ Request for a preliminary ruling – Approximation of laws – Copyright and related rights – Information society – Directive 2001/29/EC – Website making cinematographic works available to the public without the consent of the holders of a right related to copyright – Article 8(3) – Concept of ‘intermediaries whose services are used by a … Continue reading UPC Telekabel Wien v Constantin Film Verleih GmbH: ECJ 27 Mar 2014

ITV Broadcasting and Others v TVCatchup Limited (in administration): ECJ 1 Mar 2017

No European Law excuse for live streaming breach ECJ (Judgment) Reference for a preliminary ruling – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights in the information society – Article 9 – Access to cable of broadcasting services – Concept of ‘cable’ – Retransmission of broadcasts of commercial television broadcasters by … Continue reading ITV Broadcasting and Others v TVCatchup Limited (in administration): ECJ 1 Mar 2017

Football Association Premier League and Others v QC Leisure and Others etc: ECJ 4 Oct 2011

ECJ Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in disregard of … Continue reading Football Association Premier League and Others v QC Leisure and Others etc: ECJ 4 Oct 2011

Technische Universitat Darmstadt v Eugen Ulmer KG: ECJ 11 Sep 2014

darmstadtECJ1409 ECJ Judgment – Reference for a preliminary ruling – Directive 2001/29/EC – Copyright and related rights – Exceptions and limitations – Article 5(3)(n) – Use for the purpose of research or private study of works and other subject-matter – Book made available to individual members of the public by dedicated terminals in publicly accessible … Continue reading Technische Universitat Darmstadt v Eugen Ulmer KG: ECJ 11 Sep 2014

Infopaq International v Danske Dagblades Forening: ECJ 17 Jul 2009

ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient reproductions – Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of … Continue reading Infopaq International v Danske Dagblades Forening: ECJ 17 Jul 2009

Twentieth Century Fox Film Corporation and Another v Newzbin Ltd: ChD 29 Mar 2010

The defendant operated a web-site providing a search facility of the Usenet news system which allowed its users to locate copies of films online for downloading. The claimant said this was an infringement of its copyrights. Held: The defendant had infringed the copyright of the claimants. Though its terms denied that its editors should promote … Continue reading Twentieth Century Fox Film Corporation and Another v Newzbin Ltd: ChD 29 Mar 2010

Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH v Amazon EU Sarl: ECJ 21 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 44/2001- Jurisdiction in civil and commercial matters – Article 5(3) – Concept of ‘tort, delict or quasi-delict’ – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights in the information society – Article 5(2)(b) – Reproduction right – Exceptions and limitations … Continue reading Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH v Amazon EU Sarl: ECJ 21 Apr 2016

Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright existed. Held: The process involved considerable effort and was not deterministic. The Directive seeks to harmonise copyright … Continue reading Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Defence had no prospect of success – Struck Out The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment. Held: Warby J said: ‘There are two main questions … Continue reading HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 18 Jul 2007

The provisions of article 13, as referred to in article 15(1) of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector ([2002] OJ L201/37) must be interpreted as ‘expressing the Community legislature’s intention not to exclude from their scope the protection of the right to property … Continue reading Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 18 Jul 2007

Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001

The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved … Continue reading Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001