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João Pedro Quintais  (Institute for Information Law (IViR))
Private Copying and Payment of Fair Compensation through the General State Budget (Case C-470/14 – EGEDA and Others)
June 20, 2016

1                Background, facts and questions On 9 June 2016 the CJEU ruled on Case C-470/14 - EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Cheffins v. Stewart, United States Court of Appeals, Ninth Circuit, No. 12-16913, 8 June 2016
June 17, 2016

A magistrate judge properly ruled that a property owner who had intentionally burned a replica of a 16th-century Spanish galleon—a work of art that two plaintiffs had constructed over a used school…

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Brad Spitz  (REALEX)
France: Courts must assess the remuneration for private copying
June 16, 2016

In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award compensation for private copying in situations where a…

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Patricia Mariscal  (Elzaburu)
The CJEU considers that the non-payment of fair compensation for private copying is a matter relating to tort, delict or quasi-delict
June 14, 2016

The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be…

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Remy Chavannes  (Brinkhof)
A neighbouring right for press publishers – the wrong solution to a serious problem
June 13, 2016

There are just three days to go until the European Commission’s public consultation on “the role of publishers in the copyright value chain” closes and those who have not yet responded to the…

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Tatiana Synodinou  (University of Cyprus)
Public Consultation on the Review of the Satellite and Cable Directive. Is the Satellite and Cable model suitable for the copyright management of online territories?
June 08, 2016

On 4th May 2016, the European Commission published its Full report on the public consultation on the review of the EU Satellite and Cable Directive. The consultation, which was held from 24 August…

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Alexandre Libório Dias Pereira  (Coimbra University)
Portugal: Broadcast of radio music in a fruit shop, Court of Appeal of Coimbra, 36/13.1PFVIS.C1, 16 January 2016
June 06, 2016

The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere…

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Brad Spitz  (REALEX)
France: Sacem, Court of Cassation of France, First Civil Law Chamber, 14-22.600, 28 October 2015
June 06, 2016

The Supreme Court validated the method used by the French collecting society Sacem to determine how the proceeds relating to the exploitation of musical works in clubs and discotheques should be…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Carlin v. Bezos, United States Court of Appeals, Third Circuit, No. 15-2774, 23 May 2016
June 02, 2016

A federal district court did not err in ruling that Amazon.com and its founder, Jeff Bezos, did not exceed the scope of their publishing license by failing to pay the full amount of royalties that…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Brumley v. Albert E. Brumley & Sons, Inc, United States Court of Appeals, Sixth Circuit, No. 15-5429, 16 May 2016
June 01, 2016

Four children of the deceased gospel music composer and publisher Albert Brumley successfully terminated Brumley’s assignment of the copyright to the song “I’ll Fly Away” to their brother, Robert,…

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