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…
The court of appeals held that as there was no evidence that the Defendants had gained any profit from a public display of sculptures, they were not liable to pay royalties in respect of the…
Introduction
9 July 2015 saw the resolution of the umpteenth case involving Spain’s National Commission for Markets and Competition (CNMC) versus a Spanish collecting society (judgment here). On this…
By Jeremy Blum and Luke Maunder, Bristows
A recent decision in the UK Intellectual Property and Enterprise Court (IPEC) provides some helpful guidance on the application of the ‘user principle’ and,…
