Case Law

671 articles available

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,…

The Polish Supreme Court held that the use of elements of a work of authorship, which are widely known and available (in the public domain), in another work in which those elements were combined in a…

The installation of TV sets in hotel rooms, which show videograms through the TV signal distributed by a cable operator, constitutes a public performance and the making available to the public of…

 We reported here last month that the private copying exception, which took effect on 1 October 2014 as s.28B of the Copyright, Designs and Patents Act, was declared unlawful by the High Court. The…