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Magda Papēde  (Albert Ludwig University, Freiburg)
Latvia: Abuse of a dominant position III, Regional Administrative Court of Latvia, A43012613, A43-0051-15/4, 9 February 2015
October 16, 2015

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…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: DC Comics v. Towle, United States Court of Appeals, Ninth Circuit, 13-55484, 23 September 2015
October 13, 2015

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…

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Sisson v. Snow, United States Court of Appeals, Seventh Circuit, 14-3355, 1 October 2015
October 13, 2015

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…

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Inga Lukauskienė  (METIDA Law Firm)
Lithuania: Association LATGA & B.V. v Hesona & others, Court of Appeal of Lithuania, 2A-6-183/2015, 29 May 2015
October 13, 2015

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…

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Pablo Hernández
A remarkable case of the Spanish competition authority vs. the collecting society SGAE, settled without penalty.
October 08, 2015

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…

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Jeremy Blum  (Bristows LLP)
UK Damages for Copyright Infringement: More than Flagrancy?
October 07, 2015

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,…

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Jan Bernd Nordemann  (NORDEMANN)
Incidental Inclusion of Works - Mere Incidental Relevance of the Exception according to the German Bundesgerichtshof
September 24, 2015

Case I ZR 177/13 of November 17, 2014: Moebelkatalog [Furniture Catalogue] published here. According to a recent ruling of the German Highest Civil Court, the Bundesgerichtshof (“BGH”), the copyright…

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Marcin Balicki
Poland: Plagiarism, Supreme Court of Poland, V CSK 125/14, 23 January 2015
September 21, 2015

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…

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Lucie Guibault  (Schulich School of Law )
Blogpoll: towards a Text & Data Mining exception in EU copyright law?
September 07, 2015

In the September 3rd edition of Science∣Business, Julia Reda, German Pirate Party member of the European Parliament (MEP) sitting on the EP Justice Committee, was said to be confident that a…

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Alexandre Libório Dias Pereira  (Coimbra University)
Portugal: TV sets in hotel rooms, Court of Appeal of Lisbon, 163/14.8YHLSB.L1-6, 27 December 2014
August 18, 2015

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…

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