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Theo Savvides  (Bristows LLP)
UK Private Copying Exception ruled illegal
June 25, 2015

 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…

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Tomasz Targosz  (Institute of Intellectual Property Law, Jagiellonian University Kraków)
Third Time Unlucky – the Polish Constitutional Tribunal Axes the Triple Licence Fee
June 24, 2015

For quite a long time nothing special has been happening in Polish copyright law. Some court decisions here and there (in all fairness unlikely to be called ground-breaking) and some new legislative…

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Johan Axhamn  (Department of Business Law, Lund University)
Report by the US Copyright Office on Orphan Works and Mass Digitization
June 24, 2015

 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…

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Elisabetta Ferraro  (Trevisan & Cuonzo)
Italy: Riccardo Pagani v. Leo Burnett Company S.r.l., Ordinary Court of Turin, 32855/2014, 31 March 2015
June 21, 2015

The Court of Turin held that the main idea for a finished work (a TV commercial for the FIAT 500) had been developed in an initial project carried out by the claimant and that this project was the…

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Stavroula Karapapa  (University of Reading)
UK: 1967 Ltd v. British Sky Broadcasting Ltd., High Court of England and Wales, Chancery Division, Case No.: HC14C02952, 23 October 2014
June 21, 2015

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…

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Kluwer Patent Blog
USA: Hunn v. Dan Wilson Homes, Inc, United States Court of Appeals, Fifth Circuit, No. 13-11297, 15 June 2015
June 17, 2015

A former draftsman for an architectural design firm who resigned while working on a project for one of the firm’s clients, a builder, did not infringe the firm’s copyrights in home plans that the…

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Stavroula Karapapa  (University of Reading)
UK: Twentieth Century Fox Film Corp v. Sky UK Ltd, High Court of England and Wales, Chancery Division, [2015] EWHC 1082 (Ch), 28 April 2015
June 10, 2015

The claimants, all members of the Motion Picture Association of America holding copyright in a large number of films and TV programmes, were granted a blocking order preventing the use of Popcorn…

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Ian Ó Maolchraoibhe
Ireland: Playboy v. EMN, High Court of Ireland, 2014 207 P, 19 February 2015
June 10, 2015

The plaintiff alleged infringement under the Copyright and Related Rights Act 2000 (CRRA 2000), breach of trademark, breach of contract, breach of moral rights, breach of confidence and interference…

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Dirk Henderickx  (Institute for Information Law)
The Netherlands: NSE v. Stichting BREIN, Court of Appeal of Amsterdam, ECLI:NL:GHAMS:2014:3435, 19 August 2014
June 10, 2015

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…

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Benjamin Schuetze  (Institute of Legal Informatics, Leibniz Universität Hannover)
Germany: No Digitisation without Reproduction
May 29, 2015

 On 16th April 2015 the German Federal Court of Justice (BGH) delivered its final judgment in a lengthy legal standoff, which began its journey through the judiciary in 2009. The judgment is not…

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