“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of…
Can an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer?
Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for…
The KluwerCopyrightBlog is part of Kluwer’s IP Kluwer IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific…
Last week the European Parliament adopted a resolution on private copying levies. The initiative for the motion came from Ms Francoise Castex MEP (Socialists and Democrats).
The European…
This blog post discusses the recent Opinion by Advocate General Pedro Cruz Villalón in Case C-435/12 - ACI Adam and Others, delivered on 9 January 2014 (not available in English).
In this case…
“According to Art. 13 of the German Copyright Act (“CA”) the author has the right to be identified as the author of the work. He may determine whether the work shall bear a designation of…
“In other words, the initial communication by the copyright holder already encompassed the potential public that subsequently accessed the content via the links”
The long-awaited judgment of…
"The test in case of sale could therefore be reduced to the following simple question: would there have been an infringement if the seller had been established in the Member State where the…
The Supreme Court maintains its position in a case concerning a Lancôme perfume, stating that ‘copyright only protects creations in their tangible form, so far as this form is identifiable with…
The Court of Justice delivered its highly anticipated decision on linking. A breath of relief is allowed: linking seems to be legal. But when one looks a little closer, disturbing things begin…
