Case Law

668 articles available

The Secretary of State's decision to introduce section 28B of the CDPA 1988, which created an exception to copyright for personal private use without a mechanism for compensating rightholders, was…

Introduction The SGAE case recently resolved by the Spanish Competition Authority ended in a settlement agreement, as we previously reported . As we indicated in that article, this case did not just…

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…

 Decision Oberlandesgericht (Court of Appeal) Hamburg of July 1, 2015, file no. 5 U 87/12 and Landgericht (District Court) Munich I of 30 June 2015, file no. 33 O. 9639/14 YouTube is the most popular…

The assignee of the rights to a screenplay by actress and author Emma Thompson about the life of historical figure Euphemia Gray (Effie Film, LLC) should not have been granted an award of nearly $500…

The court held that the applicable law is determined by the lex loci protectionis (Schutzlandprinzip), therefore the question of authorship in Switzerland is determined by the Swiss “creator’s…

When considering whether a collective management organisation had abused its dominant position by imposing unreasonably high licence fees, it was justifiable to compare its fees with the fees in…

The Batmobile, as it appeared in the Batman comic books, television series, and motion picture, was entitled to copyright protection because, as an “automotive character,” it was a sufficiently…

Robert Snow, author of the 2012 book Slaughter on North LaSalle, did not infringe Carol Sissom’s copyright in her 2006 book The LaSalle Street Murders, because none of the material that Sissom…