Following an interlocutory question from the French Council of State, in a dispute concerning the legality of the decree of 27 February 2013 on the application of the law of 1 March 2012 on the…
A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here.
The CJEU held that EU law, particularly Article 5(2)(b) of Directive…
A full report of this case has been published on Kluwer IP Law
The Supreme Court of Estonia analysed the conditions under which the public performance of works at a school concert falls within the…
The Estonian court recently examined the conditions under which the public performance of works at a school concert falls within the free use exception. The Estonian Authors’ Society (an authors’…
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…
