In Happy Camper Productions Ltd v British Broadcasting Corporation, the claimant sought an interim injunction in the context of alleged infringement of copyright in a script. The claimant failed in…
Part 1 of this post discussed the legislative history and significance of the CJEU referral in Tom Kabinet. This part will illustrate content and implications of the three classificatory dichotomies…
The Court concluded that the Copyright Tribunal does not have jurisdiction under section 126 of the Copyright Designs and Patents Act 1988 to set the terms of licences of foreign copyrights; but that…
The Court held that a greeting card designer was the sole copyright owner of the rights in a number of greeting cards but had validly assigned the copyright to the claimant. The defendants were…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…
A defendant need not obtain a favorable judgment on the merits in order to be a "prevailing party" under the fee-shifting provisions of the Copyright Act and Lanham Act.
Case date: 25 March 2019
Case…
On Valentine’s Day, the Higher Regional Court of Vienna (docket no 4 R 119/18a) issued a judgment on a complaint by the Austrian broadcasting company Puls 4 against YouTube, predating the much…
Introduction: digital exhaustion
One of the main limitations to the right of distribution in European copyright law is the principle or rule of exhaustion. This rule, known as the first sale…
In its judgment of 19 December 2018 in Criminal proceedings against Imran Syed (C-572/17) the Court of Justice of the European Union (CJEU) rules that the storage of copyright infringing items…
