In determining the amount of remuneration that an author might obtain for the copyright in his photographs, it was necessary to determine the remuneration that he would have received if the person…
The Supreme Court held that it is a matter of fact, not law, whether a work created from fragments of another work is a derivative work (according to Article 2 of the Copyright Act) or another kind…
The relationship between copyright and public art has always been difficult. From the initial reluctance to include architectural works as copyrightable subject matter because of their functional…
The time at which extraction from an electronic database takes place is the time at which the materials being extracted are placed on a medium other than that of the original database, independently…
The progressive breakdown of the legal system regulating compensatory remuneration for private copying has given rise to some unusual cases. We consider this to be true of a Spanish Supreme Court…
In October 2014 the government introduced a series of changes to the UK’s copyright regime. One change, key to the objective of making copyright law better suited to the digital age, was the…
On June 4th, the US Copyright Office published a report on Orphan Works and Mass Digitization. The report addresses two situations where the current US copyright system may not fulfill its aim to …
This case concerned blocking orders pursuant to s97A of the Copyright Designs and Patents Act 1988 (CDPA). The Court found that there was copyright infringement by both UK users and operators of file…
The Court of Appeals held that a European Usenet Service Provider (‘USP’), ‘NSE’, was excluded from liability for infringement of copyright and neighbouring rights, pursuant to the provisions for…
