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Brad Spitz  (REALEX)
In breach of EU copyright law, Paris Court refuses to protect Mankowitz's photo of Jimi Hendrix
May 26, 2015

 This ruling, rendered by the IP specialist section of the High Court of First Instance of Paris, breaches the most basic EU and French copyright law, by refusing copyright protection to an…

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Kluwer Patent Blog
USA: Garcia v. Google, Inc, United States Court of Appeals, Ninth Circuit, 12-57302, 18 May 2015
May 26, 2015

An actress in the controversial anti-Islamic film Innocence of Muslims lacked a copyright interest in her performance in the film and was not entitled to a preliminary injunction against the film’s…

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Dirk Henderickx  (Institute for Information Law)
The Netherlands: Photo on YouTube Channel, Court of Appeal of 's Hertogenbosch, ECLI:NL:GHSHE:2014:284, IEF 11605 and ECLI:NL:GHSHE:2014:2524, IEF 14082, 29 July 2014
May 19, 2015

This case in the Court of Appeal of ‘s-Hertogenbosch concerned the use of a photograph of a photo model by two rappers in one of their music videos. The video was uploaded to YouTube after which it…

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Alexandre Libório Dias Pereira  (Coimbra University)
Portugal: Tryptic Shop Deco, Supreme Court of Justice of Portugal, 3952/08.9TJVNF.P1.S1, 17 December 2014
May 19, 2015

The Supreme Court held that pictures of tryptic paintings, as copyrightable artistic works, cannot be used as decoration of shops and on online catalogues without the authorisation of the owner of…

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Stavroula Karapapa  (University of Reading)
UK: John Kaldor Fabricmaker v. Lee Ann Fashions, High Court of England and Wales, Chancery Division, [2014] EWHC 3779 (IPEC), 21 November 2014
May 19, 2015

A claim for infringement of copyright and design rights failed. There was no good reason to reject evidence that the fabric in question was created without sight of the claimant’s fabric; the…

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Patricia Mariscal  (Elzaburu)
Chesterton’s work still alive in Spain
May 18, 2015

 A recent judgment by the Spanish Supreme Court draws a line under the legal dispute between the heirs of the British writer G. K. Chesterton and a Spanish publishing house concerning the term…

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Teodora Tsenova  (Institute of Private International Law)
Bulgaria: Commercial case No. 3824 of 2014, Court of Appeal of Sofia, 478, 11 March 2015
May 15, 2015

In this case, the Court of Appeal was required to determine the amount of damages payable when the fact of infringement was ascertained but there was insufficient evidence on the total amount of…

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Jeremy Blum  (Bristows LLP) , Andrew Butcher  (Bristows)
Popcorn Time – a website blocking order decision with a slightly different flavour
May 14, 2015

 Another blocking order in the UK, however, this time there was some complexity about the actual acts of infringement. In Twentieth Century Fox Film Corporation & Ors v Sky UK Ltd & Ors…

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Sari Depreeuw  (Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles)
Copyright in the new Belgian Code of Economic Law: codification and new regulation
May 13, 2015

The Belgian legal order has recently welcomed a new legal code:  the Code of Economic Law (CEL).  Laws are not systematically arranged in codes in Belgium: there are some codes (such as the judicial…

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Tatiana Synodinou  (University of Cyprus)
EU Digital Single Market copyright law: “Impressionist”, but not impressive
May 11, 2015

 On May 6th, 2015 the European Commission revealed its eagerly anticipated plans for the EU digital single market. The EU Digital Market strategy, which aims to open up digital opportunities for…

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