The French Act No. 2012-287 of 1 March 2012 ‘on the digital exploitation of unavailable books of the twentieth century’ created a specific compulsory collective management system for out-of-commerce…
A new French Law provides that search engines using thumbnails will have to pay royalties via a compulsory collective management for the reproduction of photographs and images.
The French Act No…
What is an appropriate royalty for a broadcaster to pay for the right to include music in its broadcasts? This is a question the UK Copyright Tribunal considered recently in a rather dry but…
In this case, brought by a Latvian collective management organisation (AKKA/LAA) against the Latvian Government, the European Court of Human Rights held as follows:
1.
The protection of…
The prior express consent of the author is necessary to use a copyright work under EU law; the statutory presumption of collective management of copyright doesn’t comply with the need for express…
The Norwegian Supreme Court confirmed that the distribution of copyright protected works via music channels was a distribution that required clearance from the rightholder. The judge held that when…
In response to a reference from the Spanish Supreme Court, the CJEU held that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as precluding a scheme for fair compensation for private…
1 Background, facts and questions
On 9 June 2016 the CJEU ruled on Case C-470/14 - EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private…
In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award compensation for private copying in situations where a…
